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Agenda 12/11/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 11, 2001 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI'I-rED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 December 11, 2001 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. November 13, 2001 - Regular BCC Meeting 3. PROCLAMATIONS A. Proclamation for National Homeless Person's Memorial Day. To be accepted by Kelly Shaver Hayman, Chairperson of the Coalition and George Drobinski. SERVICE AWARDS Five-Year Attendees: 1) John Hayes, Wastewater 2) JulieAllen, Parks and Recreation 3) Anais Pappalardo, Parks and Recreation 4) Marc Matthews, Emergency Medical Services 5) Joseph Boney, Parks and Recreation 6) Rex O'Dell. Public Utilities 7) Terri Meyer, Transportation 8) Jeffery Smith, Wastewater Collections Ten-Year Attendees: 9) Heather Sweet, Utility Billing Fifteen-Year Attendees: 10) Georgina Mausen, Risk Management Twenty-Year Attendees: 11) Gwen Butler, Purchasing 2 December 11, 2001 5. PRESENTATIONS This item was continued from the November 27, 2001 BCC Meetin.q Recommendation to recognize Beverly Fields, Lieutenant, Emergency Medical Services, as Employee of the Month for October 2001. B. Recommendation to recognize Beverly Fields, Lieutenant, Emergency Medical Services, as Employee of the Year for 2001. 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics 7. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2001-AR-1660 appeal from interpretation INTP-2001-AR-1466 by R. Bruce Anderson of the Firm Young, VanAssenderp, Varnadoe and Anderson, P.A., representing Gulf Coast American Blind and Diaz Family Limited Partnership, requesting an Administrative Appeal to official interpretation INTP-2001-AR.1466 concerning an interpretation by the Collier County Planning Services Director of the Westview Plaza PUD as it relates to the Blinds/Window Covering Manufacturing Business. B. THIS ITEM IS CONTINUED TO THE 2/26/02 BCC MEETING (Petitioner's request). This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2000-AR-1613 appeal from interpretation INTP-2001-AR-1209 by Anthony P. Pires of the Firm Woodward, Pires and Lombardo, P.A., requesting an Administrative Appeal to official interpretation INTP-2001-AR-1209 concerning an interpretation by the Collier County Planning Services Director of Section 2.7.3.5.1.3. of the Land Development Code concerning the reduction of open space as it relates to the requirements of the Code as to what constitutes a substantial or insubstantial change to a PUD Master Plan. C. THIS ITEM IS CONTINUED TO THE 2/26/02 BCC MEETING (Petitioner'~ request). This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2001-AR-1370 appeal from interpretation INTP-2001-AR-854 by Anthony P. Pires of the Firm Woodward, Pires and Lombardo, P.A., requesting an Administrative Appeal to official interpretation INTP-2001-AR-854 concerning an interpretation by the Collier County Planning Services Director of Section 2.7.3.5.1.3. of the Land Development Code concerning the reduction of open space as it relates to the requirements of the Code as to what constitutes a substantial or insubstantial change to a PUD Master Plan. 3 December 11, 2001 D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. VA-2001- AR-1166, Avi Baron, PLS, representing Montclair Fairway Estate Building Corporation, requesting an after-the-fact variance of 2.3 feet from the required 5 feet to 2.7 feet for property located on 797 Provincetown Drive, further described as Lot 29, Montclair Park North, in Section 5, Township 50 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS ITEMS A, B, C, D, AND E TO BE HEARD AT 1:00 p.m. A. THIS ITEM CONTINUED FROM 11/28/01 SPECIAL BCC MEETING. Adopt the 2001 Collier County Wastewater Master Plan Update, Project 73066. B. THIS ITEM CONTINUED FROM 11/28/01 SPECIAL BCC MEETING. Adopt the 2001 Collier County Water Master Plan Update, Project 70070. C. Adopt proposed Water and Wastewater Impact Fees. D. THIS ITEM CONTINUED FROM 11/28101 SPECIAL BCC MEETING. Adopt proposed reuse (treated wastewater) rates, E. Adopt an Ordinance that implements proposed rates for water and sewer services; and consolidates all existing and separately approved utility billing ordinances into one comprehensive ordinance, F. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition RZ-2001-AR-1165, Michael and Tammy McEndree requesting a rezone from "A" Rural Agricultural to the "RSF-3" Residential Single Family Zoning District with a density cap of one dwelling unit per 2.27 acre or a maximum of two single family lots for property located at the southeast corner of Polly Avenue and Everett Street, in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.55 acres more or less. An Ordinance amending many substantive provisions throughout the Collier County Ordinance No. 95-66, as amended the "Collier County Public Vehicle for Hire Ordinance". An Ordinance creating the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing the authority; providing for creation; providing a purpose and governing body; providing funding and the levy of not to exceed 2 mils of ad valorem taxes per year; providing for collection of taxes; providing for creation of the Livingston Road Beautification Advisory Committee; appointment and composition; providing for terms of office of the advisory committee; providing for officers of the advisory committee; quorum; rules of procedure; providing for functions, powers and duties of the 4 December 11, 2001 advisory committee; providing for duties of the County Manager or his designee; providing for review process of advisory committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. An Ordinance creating the Urban Area Beautification Municipal Service Taxing Unit; providing the authority; providing for the creation of the unit excluding the incorporated areas of Collier County and existing roadway beautification Municipal Service Taxing Units; providing a purpose and governing body; providing funding and the levy of not to exceed one-half (.5) mil of Ad Valorem taxes per year; providing for the collection of taxes; providing for duties of the County Manager or his designee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Approve an Ordinance Amendment, amending Ordinance 93-72, as amended, commonly known as the County Manager's Ordinance, clarifying and establishing the process for communications between the Board of County Commissioners and the staff of the County Manager. Ao C. D. E. BOARD OF COUNTY COMMISSIONERS Appointment of members to the Isle of Capri Fire Control District Advisory Committee. Appointment of members to the Citizens Advisory Task Force. Appointment of members to the Parks and Recreation Advisory Board. Appointment of members to the Community of Character Council, Appointment of members to the Golden Gate Community Center Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Approve an Interlocal Agreement - MOU between Collier County and the Golden Gate Fire Control and Rescue District. B. This item has been deleted. Approve committee selection of firms for contract enforcement and correctional facilities impact fees) "Consultant Services for Impact Fee Update Studies. 5 December 11, 2001 negotiations (law for RFP 02-3317 D. Authorization to initiate legal action to allow the County to proceed with design and construction of the approved Vanderbilt Beach parking garage. E. Recommendation to confirm Joseph K. Schmitt to the position of Community Development and Environmental Services Administrator. F. Presentation of the Fourteenth Annual Survey of Registered Voters. G. Review and approve the appropriate invoices regarding the advertising and promotion of.Collier County nationally and internationally and find a public purpose has been served. 2002 Agreements between Collier County and Prutos Public Relations, Inc., Phase V of Southwest Florida, Inc., and Evans-Klages, Inc. (Back-up material to be available at noon on Friday, December 6, 2001 in Board of County Commissioners' office, County Manager's Office and Community Development and Environmental Services.) Approve a Resolution adopting the Collier County Flow Equalization System Facilities Plan, authorize the submission of this plan to the FDEP, and authorize the Public Utilities Administrator to carry out the County's responsibilities under the Loan Program. To approve the settlement agreement with Community School of Naples, Inc., relative to the condemnation of parcels 106 and 706 for the Pine Ridge Road project in the lawsuit entitled Collier County v. Community School of Naples, Inc., et. aL, Case No. 00-0137-CA and the purchase of 6.86 acres (Parcel 101) of right-of-way for the Livingston Road Project. K. Presentation of the "Vital Signs" Report. 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT A. This item has a Time Certain for 2:00 P.M. This item was continued from th~. November 27, 2001 BCC Meetinq. Hispanic Affairs Advisory Board recommendation for adoption of a Resolution requesting dialogue between Immokalee Growers and Farm Workers. Recommendation for the Board of County Commissioners to enter into settlement in Collier County v. Marshall, et al, Case No. 99-2009-CA-TB, now pending in the Twentieth Judicial Circuit (County's Prescriptive Easement Claim for Miller Boulevard Extension). 6 December 11, 2001 13. OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners approve the Satisfaction(s) of Lien for Public Nuisance Abatement Resolution 92-203 and 92-638. 2) To approve a Resolution endorsing the Empowerment Alliance of Southwest Florida Community Development Corporation as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. 3) Adopt Resolutions enforcing liens on properties for Code Violations. 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Strand Replat - 6". 5) Request to approve for recording the final plat of "Brentwood" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Request to approve for recording the final plat of "Sterling Oaks Phase 4", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7 December 11, 2001 B. TRANSPORTATION SERVICES 1) Authorization to execute a contractual service agreement with the Center for Urban Transportation Research at the University of South Florida to conduct the Transit Development Plan update in the amount of $75,000. 2) Approve a Budget Amendment to provide funds to the Radio Road Municipal Services Taxing Unit (MSTU) Beautification Fund in the amount of $80,000. 3) Approve Work Order No. 53 with Florida State Underground, Inc., for installation of culverts on Lakewood Boulevard, Project No. 60055, in the amount of $125,384.64. 4) Approve a Joint Project Agreement between the South Florida Water Management District and Collier County for the construction of a box culvert at 951 Canal East of Collier Boulevard (CR 951), Project #63051, in the amount of $200,000 - reimbursable. 5) Approve a Donation Agreement and provide flood relief for property Avenue/Gateway Triangle Area. accept a Drainage Easement to owners within the Kirkwood 6) A Resolution of the Collier County Board of County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for Section 5311 (Operating Assistance) Funds in the amount of $112,200 - reimbursable. 7) A Resolution of the Collier County Board of County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for State Block Grant Funds in the amount of $536,150 - reimbursed at 50%. 8) Approve a budget amendment recognizing carry forward for the US 41 East project in the amount of $169,918 from FY 01 in the MSTD General Fund 111. 9) Recommendation to approve the purchases of one (1) Gradall Hydroscopic Excavator for the Road and Bridge section from State Contract in the amount of $182,899.65. 10) Approve Bid #01-3299, "Golden Gate Beautification MSTU/MSTD Roadway Grounds Maintenance", in the amount of $404,453.35. 11) Approve a purchase agreement between the District School Board of Collier County and Collier County for the acquisition of a six (6) parcel of land. 12) A Resolution of the Collier County Board of County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for Section 5310 (Equipment) Funds. 8 December 11, 2001 C. PUBLIC UTILITIES 1) Adopt a Resolution approv,ng the Satisfaction of Lien for Solid Waste Residential Accounts wherein the County has received payment and said lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. 2) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Accounts wherein the County has received payment and said lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. 3) Adopt a Resolution approwng the Satisfaction of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. 4) Adopt a Resolution approwng the Satisfaction of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. 5) Adopt a Resolution approwng the Satisfaction of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. 6) Adopt a Resolution approwng the Satisfaction of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. 7) Approval and Execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of water and/or sewer system impact fees. 8) Funding for Livingston Road Utility Facilities Reimbursement and Contribution Agreement with Long Bay Partners LLC in the amount of $883,825. 9) Approve Work Order LAG-FT-02-02 to Law Engineering and Environmental Services Inc., for professional material testing services for the South County Water Reclamation Facility Expansion, Contract 99- 2962, Project 73949 in the amount of $293,072. lO) Declare an Emergency and Authorize Negotiations for design-build services for new reverse osmosis raw water supply wells for the North County Regional Water Treatment Plant, Project 70075. 11) Recommendation to Award Bid #01-3288 -"Chemicals for Utilities" in the amount of $548,341.65. 12) Resolution providing for Board appointment of a replacement member to the Community Advisory Council pertaining to Landfill Operation 9 December 11, 2001 13) 14) 15) 16) 17) 18) 19) Agreement between Collier County and Waste Management Inc. of Florida. Accept Utility Easements and Temporary Construction Easements for construction of a sewer interconnect to reroute flows between the North County Sewer System and the South County Sewer System. Approve expenditures in excess of $25,000 on State negotiated contract and sole source to purchase software and licenses for the GIS Project. The total expenditure is $210,073.61. Award Bid No. 01-3306 for the purchase of Backflow/Fire Line Meters, in the amount of $314,171. Award Bid No. 02-3307 to Severn Trent-Avatar Utility Services, LLC, for the installation of an Automatic Read Meter System in amount of $317,150. Approve a budget amendment recognizing carry forward for the Livingston Road water main from Golden Gate Parkway to Pine Ridge Road, Project 70039 in the amount of $270,000. Approve FDEP Beach Erosion Control Program Project Agreement for reimbursement of up to $1,285,040. Approve, committee selection of firms for Contract #01-3283 "Beach Cleaning Equipment", budget of $40,000. D. PUBLIC SERVICES 1) Recommendation to approve Professional Service Industries, Inc. to perform contaminated soil clean up at Caxambas Park in the amount of $100,027. 2) Request by Gary D. Lytton of Rookery Bay Estuarine Research Reserve to use County lands for Tarpon Bay Hydrologic Restoration Project and the County to be co-applicant on permitting for South Florida Water Management District. 3) Approve an Agreement for Sale and Purchase to provide for the purchase of Lot 26 for use as a Neighborhood Park in Naples Park, in the amount of $85,500. 4) Approve an Agreement for Sale and Purchase to provide for the purchase of Lot 27 for use as a Neighborhood Park in Naples Park, in the amount of $70,300. 10 December 11, 2001 5) 6) 7) 8) Approve a Resolution authorizing the activities and practices of the Friends of the Collier County Museum, a non-profit volunteer organization. Award of Bid #01-3309 refinishing of main pool at Immokalee Sports Complex in the amount of $48,650. A resolution requesting approval to increase fees charged by the Collier County Health Department (CCHD) for the provision of the Environmental Health on-site sewage treatment and disposal system program. Amend the Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. E. ADMINISTRATIVE SERVICES 1) To award Bid 01-3310 "On-Call Electrical Repairs and New Installation to both Southwest Electric Inc., and Paragon Electronic Systems" in the amount of $100,000. 2) Approve an additional sixty (60) day extension of RFQ #99-0284, answering services with Robbins Telecommunications. 3) 4) Approve Committee Selection of Firms for Contract Negotiations for RFP 01-3291 "Fixed Term Construction Engineering and Inspection (CEI) Services" to the following eight firms: TBE Group, HDR Construction Control Corporation, Stanley/RWA Joint Venture, Law Engineering and Environmental Services, CH2M Hill, Johnson Engineering, Hole Montes, Barraco and Associates. Amend the County Purchasing Policy to update existing practices and consolidate previously approved changes. EMERGENCY SERVICES 1) Approve an Easement Agreement and Non-Exclusive Access Easement between the District School Board of Collier County and Collier County. 11 December 11, 2001 G. COUNTY MANAGER 1) Approval of Budget Amendment Report- Budget Amendment #02-077. 2) Resolution of the Board of County Commissioners of Collier County, Florida, amending Resolution No. 01-456 in certain respects which Resolution No. 01-456 authorized the issuance of the County's Capital Improvement Revenue Bonds, Series 2001; and providing an effective date. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondent, Fred R. Sutherland D/BIA Sutherland Paint Horses, for Parcels 169 and 769 in the amount of $18,800.00 in the Lawsuit Styled Collier County v. Fred R. Sutherland, et al, Case No. 01-0756-CA. Project No. 60071. 2) Approve the Expert Fees associated with the acquisition of Parcel 163 in the Lawsuit entitled Collier County v. Russell Baisley, et al, Case No. 01- 0758-CA (Livingston Road six-laning project from Golden Gate Parkway to Pine Ridge Road, Project No. 65041). Execute Satisfaction of Lien arising out of order imposing fine/lien in Code Enforcement Board Case entitled Collier County v. Epifanio H. Hernandez and Manuel H. Hernandez. 4) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance the acquisition of the Goodlette Arms Apartments by a non-profit corporation. 12 December 11, 2001 5) Request by the Housing Finance Authority of Collier County for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. 6) Approve the Stipulated Final Judgment relative to the condemnation of parcel 576 in the lawsuit entitled Collier County v Richard H. Evans, Et Al., Case No. 01-1235-CA, Livingston Road Project No. 60071. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. THIS ITEM WAS CONTINUED FROM NOVEMBER 27, 2001. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2001-AR-1208, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Larry J. and Marcy A. Gode requesting a rezone from its current zoning classification of "C-3" Commercial Intermediate Zoning District to "RMF-6" Residential Multi-Family District for a property located on the North side of 109th Avenue North approximately 275 feet West of Tamiami Trail North and is further described as Lot 9, Block 2, Naples Park Unit 1, Section 28, Township 48 South, Range 25 East, Collier County, Florida. This site consists of 6750 square feet. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 December 11, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 11, 2001 CONTINUE ITEM #12(B) to January 22, 2002 meeting: Recommendation for the Board of County Commissioners to enter into settlement in Collier County v. Marshall, et al, Case No. 99-2009-CA-TB, NOW PENDING IN THE twentieth Judicial Circuit (County's Prescriptive Easement Claim for Miller Boulevard Extension). (Staff request.) David Wei.qel will address the followin.q 3 items: ITEM 16(B)(6): A resolution of the Collier County Board of County Commissioners authorizing the execution of the Joint Participation Agreement (JPA) with the Florida Department of Transportation for Section 5311 (Operating Assistance) funds in the amount of $112,200 - reimbursable. The words "unless specifically rescinded" are deleted from the Resolution. (Staff request.) ITEM 16(B)(7): A resolution of the Collier County Board of County Commissioners authorizing the execution of the Joint Participation Agreement (JPA) with the Florida Department of Transportation for State Block Grant funds in the amount of $536,150 AT 50%. Resolution is modified to authorize Chairman to enter into JPA. Chairman is not authorized to modify or rescind the aqreement. The words "unless specifically rescinded" are deleted. (Staff request.) ITEM 16(B)1: Authorization to execute a contractual service agreement with the Center for Urban Transportation Research at the University of South Florida to conduct the Transit Development Plan update in the amount of $75,000. (Staff request.) WITHDRAW ITEM #16(D)1: Recommendation to approve Professional Services Industries, Inc. to perform contaminated soil clean up at Caxambas Park in the amount of $100,027. (Staff request.) MOVE ITEM #17A TO 8K: THIS ITEM WAS CONTINUED FROM NOVEMBER 27, 2001. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2001-AR-1208, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Larry J. and Marcy A. Gode requesting a rezone from its current zoning classification of "C-3" Commercial Intermediate Zoning District to "RMF-6" Residential Multi- Family District for a property located on the North side of 109th Avenue North approximately 275 feet West of Tamiami Trail North and is further described as Lot 9, Block 2, Naples Park Unit 1, Section 28, Township 48 South, Range 25 East, Collier County, Florida. This site consists of 6750 square feet. (Public objection received.) H/HER~A$, lYHEREA$, H/HEREA$, NOW DONE ~ND n#~h~n h=v~ ~ho~ that opl~oxi~at~ly l: ~illion adults have befit home/~ et ~wle po/lit i# f~eir /iv~, al~d thor we// 7~0, OOO people are ~o~ele~ on ony ~iv~ night; end, with tl~ I=yoff~ ~d cut. cb, ~ si~ifi¢o~t i~z~# of i~fivicb~b e~f f~ili~ iht numl~w.r of homtlt.~s child~ today i$ hightr than at any ofher h'~e $i!~ ft~ ~eaf Depre$$io#; arid. i~ ~olli~ [oonty it i$ ~fl'~efed t~at =t =y point i~ h'~ th~m ~ · o~ fifty y~art has dec~f ho~e and ~uitoble li~f~ ~avf~t tht CollJt~' Coalition i$ made up of ow~ th/th/ who sha~ fl~ mission of high Cue/fly, ~ ~d tach ~olu#o~ fo AGENt.Ok fttTEM NC) o~ DEC 1 1 2001 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE BEVERLY FIELDS, LIEUTENANT, EMERGENCY MEDICAL SERVICES, AS EMPLOYEE OF THE MONTH FOR OCTOBER 2001. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Lieutenant Beverly Fields is a very honest, hard working individual who performs her duties well above expectations. Her self-giving to others is what makes Lieutenant Fields stand out from the rest of her colleagues. Lieutenant Fields volunteers her time to assist her colleagues in many different ways. She has on several occasions taken them to medical appointments when they lacked transportation. She volunteers at the Immokalee Fire Department, thus sacrificing her time for the citizens of Immokalee. Most importantly, Lieutenant Fields has raised money to purchase a motorized wheelchair for Firefighter Jason Burr, who is disabled from a motor vehicle accident, and relies on a wheelchair to get around. Lieutenant Fields not only found a motorized wheelchair that was economical, but also saved $3000 by way of hard work, negotiating and searching for one that suited Firefighter Burr's needs. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the employee's department budget. RECOMMENDATION: That Lieutenant Beverly Fields, be recognized as the "Employee of the Month" for October./213R1. PREPARED BY: ~ ,/~//~ -DATE: :)awn Ragone, Adi:hinistrative Assistant -tuman Resou_~rces D. epartment REVIEWED BY: ~ DATE: ary B~.,~3~, Intedm Dir(ct~r HumarYResources Department-' APPROVED BY: ~ DATE: Jo-Anne Varcoe- Leamer, Administrator Administrative Services Division AGENDA LTEM t AGENDA ~TEM -[ 0 V "g3,. 001 Oct 23 O101:05p ~.1 Collier Count Government Deparlmont of Public Information 3301 EaM Tamlami Trail NIpI~, FL 34112 Contact: Deborah Wight, Coer~inater Public Information 774-8308 FOR IMMEDIATE RELEASE Beverly Fields, a lieutenant paramedic with the Emergency Medical Services Department, has been selected Collier County government's Employee of the Month for October. A county employee for the past five years, she previously worked for Collier County EMS from 1981 to 1989. Also a volunteer with the lmmokalee Fire Department, Fields was instrumental in raising money to buy a motorized wheelchair for firefighter Jason Burr who is disabled as a result of a motor vehicle accident. "Through her search and negotiations, Lt. Fields not only found a wheelchair that best suited firefighter Burr's needs, but she also saved $3,000," said EMS Director Jeff Page. "She is a very honest and hard-working individual who performs her duties beyond expectations. She often volunteers her time to help her co-workers, which makes Lt. Fields stand out from her colleagues." Employed by Lee County EMS from 1992 to 1996, Fields has received two Phoenix Awards during her 20-year career as a paramedic. Originally from Oregon, Fields moved to Florida at the age of 11 and graduated from Fort Myers High School. She attended Edison Community College where she received emergency medical technician/paramedic training. A resident of South Fort Myers, she has two daughters, 13-year-old Lauren and Eric, a, I 1. NOV 1~2001 Pg. EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE BEVERLY FIELDS, LIEUTENANT, EMERGENCY MEDICAL SERVICES, AS EMPLOYEE OF THE YEAR FOR 2001. OBJECTIVE: The "Employee of the Year" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Lieutenant Beverly Fields is an honest and hard working individual. She performs her duties well above the expectations of other lieutenants within our system. Her self-giving to others is what makes Lieutenant Fields stand out from the rest of her colleagues. Outside of her duties, the month of July was an exception. She has volunteered her time to help other colleagues by giving them rides to doctor's appointments when they were unable to drive themselves. She also volunteers at the Immokalee Fire Department, thus sacrificing her time for the citizens of Immokalee. Most importantly, Lieutenant Fields has raised money to purchase a motorized wheelchair for Firefighter Jason Burr, who is disabled from a motor vehicle accident, and relies on a wheelchair to get around. Lieutenant Fields not only found a motorized wheelchair that was economical, but saved $3,000 by way of hard work, negotiating and searching for one that suited Firefighter Burr's needs. FISCAL IMPACT: "Employee of the Year" selectees receive a $250.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Lieutenant Beverly Fields, be recognized as the "Employee of the Year" for 2001. Dawn Ragone, Assistant Human Resources Department REVIEWED BY: APPROVED BY: ~[~~~L~~~ DATE: ' Gary W'~. Be-Euchamp, Inl~%~n ector Human Resources~D~j~pa Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division EXECUTIVE SUMMARY APPEAL FROM INTERPRETATION INTP-2001-AR-1466 BY IL BRUCE ANDERSON OF THE FIRM YOUNG, VANASSENDERP, VARNADOE AND ANDERSON, P.A. CONCERNING AN INTERPRETATION BY THE COLLIER COUNTY PLANNING SERVICES DIRECTOR OF THE WESTVIEW PLAZA PUD AS IT RELATES TO THE BLINDS/WINDOW COVERING MANUFACTURING BUSINESS. OBJECTIVE: The objective of this appeal is to seek a reversal of the interpretation issued by the Planning Services Director by the Collier County Board of Zoning Appeals, to the effect as to whether the use or uses proposed by the SDP (SDP-2001-AR-588) are permitted under the PUD and applicable Collier County land use regulations. The Planning Services Director opined that the blinds/window covering manufacturing business as proposed by the above referenced SDP is not comparable in nature with the uses listed in this section, therefore is not permitted in the district. CONSIDERATIONS: On October 15,2001 the Collier County Planning Services Director rendered an official interpretation, AR-1466, to Christopher J. Thornton of Treiser, Lieberfarb, Collings& Vernon, Chtd. The interpretation followed an application made by Christopher J. Thornton to have the Planning Services Director issue a formal interpretation concerning the meaning of Item 47 of Section 2.2 of the Westview Plaza PUD as it related to the following: As to whether the use or uses proposed by the SDP (SDP-2001-AR-588) are permitted under the PUD and applicable Collier County land use regulations. Specifically as allowed by Item 47 of Section 2.2 of the PUD which reads as follows. "Any other professional or commercial use which is comparable in nature with the foregoing uses which the Zoning Director determines to be compatible in the district" as it relates to the blinds/window covering manufacturing business as proposed by the above referenced SDP. The request for interpretation begged the question of whether or not the proposed use(s) was comparable and compatible in the district, to those uses permitted by right as set forth in the PUD document. -- AGENOA ITE~NI DEC 1 1 2001 Pg./2.~ Research and analysis conducted pursuant to the request reveal that the purpose and intent of the Westview Plaza PUD was to allow a mixture of very specific types of commercial and light industrial land uses as defined by the PUD document. So specific in fact that the use most closely related to the subject of this interpretation was carefully crat~ed to include a description of the exact types of uses, specifically those that relate to the high technology, precision manufacturing uses of which detailed reference was made to medical types of instruments, medical aids (hearing, eyesight, etc.) and computer components. This was clearly intentional for the purposes of excluding all other types of manufacturing uses unrelated to the manufacturing of those products specifically described and unrelated to the highly technical processes required to produce such products. This is further evidenced by the fact that in examining this use in comparison with the other uses listed; one finds that the majority of the uses are written exactly as written in the 1983 Zoning Ordinance for the C-1 through C-5 and IL zoning districts, with the exception of use #25. Therefore, it is the Director's opinion that a window covering manufacturing business is clearly un-related to the other industrial uses allowed by the PUD and is therefore "not comparable in nature" as is a required finding. Consistent with the intent of Section 1.6.3.3 the Planning Services Director requested a review of the interpretation for correct legal form and sufficiency from the County Attorney prior to issuing the official letter of interpretation. By memorandum dated October 10, 2001, RLS # PLS 011010-01, Assistant County Attorney Patrick White opined as follows: "After reviewing the response under the foregoing standards, this office is of the opinion that the form of the response is proper and that the response is legally sufficient." Based on this opinion the Planning Services Director issued the formal interpretation to the effect that the use(s) proposed by the aforementioned SDP are not permitted use(s) under the Westview Plaza PUD. The Board of Zoning Appeals, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the Planning Services Director and public testimony in light of the growth management plan, the future land use map, the code or official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals shall adopt the Planning Services Director's interpretation with or without modifications or conditions, or reject the interpretation. The Board of Zoning Appeals, shall not be authorized to modify or reject the Planning Services Director's interpretation unless such Board finds that the determination is not supported by substantial competence evidence or that the interpretation is contrary to the growth management plan, future land use map, the code or the official zoning atlas, or building code, whichever is applicable. DEC 11 2001 FISCAL IMPACT: None GROWTH MANAGEMENT PLAN IMPACT: None RECOMMENDATION: That the official interpretation, AR-1466 rendered by the Planning Services Director concerning an interpretation of the provisions of the Westview Plaza PUD, be upheld. PREPARED BY: //Susan Murray, AICP Current Planning Manager REVIEWED BY: Thomas E. Kuck, P.E Acting Planning Services Director Date APPROVED BY: Jo~tr~M. ' -, , ' ' ' , C6~m. Dev. & Env. Services Division Date ~C~A ,T~ DEC 11 2001 P~. ~ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SHIRVICES DMSION October 15, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Christopher J. Thornton Treiser, Lieberfarb, Coilings & Vernon, Chtd. 4001 Tamiami Trail North, Suite 330 Naples, FL 34103 RE: INTP-2001-AR-1466 Request for official interpretation of the Westview Plaza PUD, Sec 2.2 Item 47 to include Blind Manufacturing Dear Mr. Thornton: You have asked us to render an official interpretation of Section 2.2, item 47, of the Westview Plaza PUD, Ordinance number 83-45, which authorizes the Planning Services Director to rule that certain uses are permitted because they are comparable in nature to the list of permitted uses which the Planning Director determines to be compatible in the district. Specifically you have asked us for our interpretation as to whether the use or uses proposed by the SDP (SDP-2001-AR 588) are permitted under the PUD and applicable Collier County land use regulations. It is my opinion that this is not a permitted use under the West-view Plaza PUD. Item 47 of Section 2.2 reads as follows. "Any other professional or commercial use which is comparable in nature with the foregoing uses which the Zoning Director determines to be compatible in the district." We are to compare a blinds/window coveting manufacturing business with the uses listed in this section to determine if it is similar in nature and compatible in the district. A comparison of the uses permitted by this PUD advises that the uses intended to be permitted were a selection of specific uses originating from the lists of permitted uses in the C-1 through C-5 and Industrial, Light zoning districts of the 1983 Zoning Ordinance of Collier County in affect at the time of adoption of the PUD ordinance. Furthermore, Section 2.2 of the PUD clearly states that these uses are exclusive (''no building or sU'ucture, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other then the following:") followed by the enumerated list of uses described by specific nme(s), (different from the current Land Development Code, reference to the Standard Industrial Classification (SIC) code numbers were not adopted in the PUD ordinance). Research and analysis conducted pursuant to your request reveal that the purpose and intent of the Westview Plaza PUD was to allow a mixture of very specific types of commercial and light industrial land uses as defined by the PUD document. So specific in fact that the use most closely related to the subject of this'interpretation was carefully crafted to include a description of the exact types of uses, specifically those that relate to the high technology, p =¢isi0n manufacturing uses of which detailed reference was made to medical types of in tm~ medical aids (hearing, eyesight, etc.) and computer components. This was clearl intt~So DEC 11 2001 PHONE (941) 403-2400 FAX (941) 643-6968 Mr. Christopher J. Thornton Page 2 October 15,2001 the purposes of excluding all other types of manufacturing uses unrelated to the manufacturing of those products specifically described and unrelated to the highly technical processes required to produce such products. This is further evidenced by the fact that in examining this use in comparison with the other uses listed, one finds that the majority of the uses are written exactly as written in the 1983 Zoning Ordinance for the C-I through C-5 and IL zoning districts, with the exception of use #25. Therefore, it is my opinion that a window covering manufacturing business is clearly un-related to the other industrial uses allowed by the PUD and is therefore "not comparable in nature" as is a required finding. Furthermore, it is my opinion that use of the word "professional" or "commercial' (Item 47, page 3 Westview Plaza PUD) was not meant to exclude those types of uses associated with uses commonly found outside of today's C-1 through C-5 zoning districts, rather must be taken in context with the zoning ordinance at the time, which defined commercial uses within the PUD as both a mixture of commercial and light industrial types of uses, therefore does aot preclude manufacturing uses as specifically defined by ~e PUD, as permitted uses. The purpose and intent of the type of development allowed in the PUD is not explicitly stated, nor is it clear from the minutes oftbe Board of County Commissioner's meeting at the time of adoption. County records do not contain a professional analysis of the r~rgoning request. In circumstances like this, the intent of the ordinance can often be established by examining the list of permitted uses and the required development standards of the PUD. It is important to recognize that this PUD was adopted in 1983 and has never been amended nor updated to current development standards through the PUD sunsetting process or otherwise. Therefore it is reasonable to examine the PUD and its relationship to the zoning ordinance that was in effect at the time of adoption of the PUD to establish the original purpose and intent. In accordance with the 1983 Zoning Ordinance, where it uses the phrases "commercial districts," "commercially zoned," etc. then the phrases shall be construed to include: C-1 through C-5 and TTRVC. Where the 1983 Zoning Ordinance uses the phrases "industrial districts," "industrial zoned," etc. then the phrases shall be construed to include C-5, IL (Industrial, Light) and I (Industrial). Through examination of the list of permitted uses in the PUD, one finds a distinct selection of uses allowable by fight throughout the range of commercial and light industrial zoning districts ( C-1 through C-5 and Light Industrial). However, this is complicated by the fact that Section II of the PUD document, (the title of the list permitted uses), describes the list of permitted uses as "Commercial Development Regulations," wh/ch implies that the allowable uses as listed are only of a commercial nature. It would seem appropriate that the list of permitted uses describe the intent of the nature of the project and not necessarily the title, strongly suggesting that the PUD was intended for development as a mixed-use project containing both commercial and industrial land uses. It would be incorrect to argue that the statement "any other professibnal or commercial use which is comparable in the zoning director determines to be compatible in the district" (Section 2.2 04~ document) should not include industrial types of land uses. Clearly, the PUD a commercial and industrial uses by right, and classifies all permitted uses as "CI Furthermore, the 1983 Zoning Ordinance defined the C-5 zoning district as bot of ]~rD lows both mnOel d."l 2001 t Commercial and Mr. Christopher J. Thornton Page 3 October 15, 2001 Light Industrial. Many of the same uses allowed by right in the IL district were also allowed by right in the C-5 zoning dislrict. The occupational license issued by the County Tax Collector's office for this business in 1985 describes the use as "Blinds Manufacturing." Prior to the issuance of an occupational license, present practice is to require the approval of a zoning certificate by the Planning Services Department. The approval of a zoning certificate requires the Planning staffto verify that the business is properly located in the con'oct zoning district by assigning a Standard Industrial Code (SIC) classification number to the use (based on use characteristics and description) and determining if the use via SIC code number is p,~mitted by right in the district. Because the practice of issuing zoning certificates was not in place at the time an occupational license was issued for the project, therei is no recorded zoning certificate within the County records. An analysis of the existing use in terms of the current Land Development Code requirements reveal that current site is located in the 'T' Industrial zoning district. There is no history of issuance of code citations relative to conducting an "unauthorized use" in a zoning district, and the Planning Services Department has no reason to believe the use is not permitted by right in the current Industrial zoning district. Subsequently, Department staff conducted an on-site inspection of the operation of the present day business. The on-site inspection revealed that the nature of the business is comprised of the following components: executive, administrative, marketing and accounting functions to support the principal use of fabrication and assembly of wood and plastic components into finished products based on custom specifications. Specifically the products include custom window coverings in fabric, vinyl, aluminum and wood for a variety of types and sizes of windows and doors. There was on-site storage of pre- fabricated components and finished products, and areas to ship and receive both finished products and window covering components in their pre-manufactured form. The use of machinery on site included common tools and machines for drilling, sawing, cutting and hole punching. There was no evidence of the creation of window covering components fi'om raw materials (mechanical or chemical transformation of materials and substances into new products). While the manufacturing of custom window covorings requires precision in terms of the need for a definitive standard of measurement to which one must construct the product, there was no evidence of the use of highly technical instruments or a need to measure to very strict standards. In light of this information, it is staff's opinion that the appropriate present-day classification of the use would most closely be related to SIC code number 2431, Millwork, of Major Group 24, Lumber and Wood Products, which is a use permitted by right in the Industrial zoning classification. At the time of the site visit there was no off-site odor or unustud noise associated with the operation of the business. - Research of both the 1987 SIC Manual and the 1997 North American Industry Classification System (the update to the 1987 SIC Manual) reveal no significant distinction bet~ manufacture of products from raw materials or the manufacturing of products manufactured products as it relates to the manufacturing of window coverings. TI pre.~C~=.~OA {TE~4 m DEC 11 200l ~{.. ~ , Mr. Christopher J. Thornton Page 4 October 15, 2001 Division D "Manufactudng" describes manufacturing among other definitions as "establishments engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement." Examination of the American Heritage Dictionary reveals that the terms manufacturing and fabrication are interchangeable. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via ecl'tiffed mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News~ Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the pwperty lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, which will suffer an adverse effect to an interest, protected or furthered by the Collier County Gwwth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form ora ebeek, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, Thomas E. Kuck, P.E. Interim Director, Planning Services Depamnent Cc: Collier County Board of Commissioners Tom Olliff, County Manager John M. Dunnuck, III, Interim Administrator, Comm. Development & Env,Srv Div. Marjorie M. Student, Assistant County Attorney Patrick White, Assistant County Attorney ~,~t)~ ~.~ DEC 11 2001 pgo F7 _ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number i Date i Post Date 295790 ,10/25/2001 2:42:20 PM i 10/25/2001 IPayment Slip Nbr AR 1660 Appl Name: YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: R. BRUCE ANDERSON 801 LAUREL OAK DR., #300 NAPLES FL 34108 Proj Name: GULF COAST AMERICAN BLIND Type: TAZ: 127 Subdiv Nbr: 2952 Project Nbr: 2001030083 Payor · DIAZ FAMILY Fee Information Fee Code i Description 11ADMA i ADMINISTRATIVE APPEALS FEES I GL Account i 11313890034121000000 Amount $500.00 Total $500.00 Waived Payments i Payment Code i AccountJCheck Number Amount [CHECK ,1060 $500.00 Memo: Total Cash ~ $0.00 Total Non-Cash [ $500.00 Total Paid !' $500.00 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT DEC 11 2001 Printed:l 1/26/2001 10:30:38 AM YOUNG, VAN ASSENDERP, VAI{NADOE ~: _ANDERSON, P. _A_. ATTORNEYS AT LAW F~PLY TO~ Iq. BRUCE ANDERSON CLAY C. BROOK[R TASHA O. BUFORD DANIEL H. Cox TU~OTNY S. FRANKLIN DAVID P. HOPSTET'rER* C. L~UR£NCE ~EESEY IKENZA VAN ~ENDERP G~oRc,~ L. VA~NAOO£ ROY C. YOUNG 'BOARD CS'RTIFI[iD R£AL ESTATE 0r COUNSgC DAVID B. IRWIN A.J. J~. ~ Naples October 19, 2001 GALLIE'S HALL SUITE POST 0~FIC[ BOX m833 (~P 32302-1833) T~H~E, FLORmOA 323OI TELEPHONE (BSO) ~2-7~0~ TELECO~IER (850) 561-6834 ~U NTRuST BUI~ING ~1 ~U~[L O~ Dm~ SumT¢ 3~ POS* 0FFIC[ BOX 7907 (~P 341OI-7907) N~LES. FLORIDA 3410~ TELEPHONE (941) 597-2814 TtLECOPtER (941) 597-1060 Collier County Board of Zoning Appeals c/o James D. Carter, Ph.D., Chairman 3301 E. Tamiami Trail, 3rd Floor Naples, FL 34112 Appeal of Interpretation INTP-2001-AR-1466 by Gulf Coast American Blind Corporation and Diaz Family Limited Parmership Dear Chairman Carter: Please find enclosed the original of the appeal document to overturn the above referenced interpretation, together with a check in the amount of $500.00 for the appeal filing fee. Last October the County Commission approved Gulf Coast American Blind Corporation to be constructed in the Westview Plaza PUD. The interpretation being appealed attempts to negate the County Commission's prior approval. Should you have additional questions, please feel free to contact me. Thank you. Sincerely, R. Brace Anderson CCi David C. Weigel, Esq., with enclosures Patrick White, Esq., with enclosures Thomas W. Olliff, with enclosures Board of County Commissioners, with enclosures Christopher J. Thornton, Esq., with enclosures John M. Dunnuck, III, with enclosures Thomas E. Kuck, P.E., with enclosures Susan Murray, with enclosures Ross Gochenaur, with enclosures m AGENDA [k~ 11 2001 BOARD OF ZONIIqG APPEALS OF cOLLIER cOUNTY, FLORIDA Diaz Family AmScan Blind Corporation, pETiTIONERS, case bio. IHTp.2001-AR-1466 Robert Beckler, Linda Heinxs, and Thomas E. Kuck, P.E., Interim Director Collier County planning Services Deparunent KESPOlqDElqTS' ~ou~ the~ ~de~ c°~l ~e ~e~ ap~ ~der oblation ~d pre~g ~ fi~ts, of the a~ve mf~ Offic~ int~retation ~d ~te ~ ~P~ &ertl ~ fogows: ~t~remtion ~ on ~to~ 8, 2~1 1. ~ ~ ~ aP~ of the ~ve.mf~e~d Re~nd~ts Ro~ ~ by Re~nt K~ to aUomey C~°pher ~omtom r~m~nt~g · No. U~ ~vel°P~t ~~ _ . ~_.~-~er ~ to m ~e"P~")' ~e D~ F~ 83~5 k~.~- _~, o~ers ~ b~~ o~ of a c~ proj~t pre~Om~ approv~ by Co,er Co~ to ~ locat~ on ~ts 1, 2, 3, 11 ~d 12, we~ew P~ ~~ B~ Co.ration ~ ~e p~'~J Co~, Flo6~ R~t ~ ~ord~ ~ P~ Book 30, p~e 90 of the PubBc K~ordS of Co.er ~A ~ m. 7~ DEC Il 2001 ,,. lO (hereinat~er refen~ to as''Subject Propenf). The Petitioners closed on the purchase of the Subject Property on October 30, 2000, in reliance on and only after receiving written confirmations from the Collier County Platming Departnmnt and an approval by the Board of County Commi~ioners that the PUD allows use of the Subject Property for the manufacture of blinds, window treatments and shuttexs CaereinaRer referred to as the "Project" or "Intended Use"). This appeal is filed under objection for the reason that the Interim Planning Services Director had no authority to overturn the October 24, 2000 approval of thc County Commission that the PUD allows the Project. Petitioners have a vested right to use the Subject Property for the Project, and the County is equitably estopped to reverse its prior approvals of the Project. Respondents Beckler and Heimq had notice and an opportunity to be heard regarding the Project more than one year ago and failed to object and have waived the right to object to the Project at this late date. The 2000 interpretation that the PUD allows the Project, which was approved by the County Commission, is the correct interpretation. INTP-2001-AR- 1466 is not supported by substantial competent evidence and is contrary to the PUD. H. Equitable Estoppel / Vested Riehts Collier County and Respondents Beckler and Helms, are equitably estopped from challenging Petitioners' Intended Use of the Subject Property based on the following: 2. In March 2000, the prior owner of the Subject Property, from whom Petitioners purchased the Property, made written inquiry to the County's Planning Services Department as to whether the Project, which utilizes precision laser curing and stamping equipment, met the requirements of the PUD. The response from the County stated that the sale and manufacture of shutters, blinds and window coverings involving the use of precision laser cutting and stamping equipment is consistent with the PUD. Copies of the correspondence between the prior owner_ and 2 '' DEC 11 2001 P=.ll the County Planning Services Department are attached as Extn'bit "1." 3. In May 2000, Petitioners wrote to the County Planning Services Department seeking ind~ent confimmfion that the Project complied with approved land uses in the PUD. And in June 2000, the County again responded that the Project was allowed by the PUD. Copies of the corrcs~ndence between Fermin Dia~. and thc County Planning Services Department arc attached as ExlfibR "2.' 4. On Septemb~ 27, 2000, a Notice of Meeting and Public Hearing by the Collier Comity Ind~ Development Authority was publi.sh~ in tl~ Naples Daily News inviting all interested persons to submit written comments or attend the heating by the Authority to express such persons' views concerning the Project itself or the financing of the Project. Said notice advised all persons of the location, nature and size of the Gulf Coast American Blind Corporation Project. All persons were invited to appear and express their views concerning the Project. A neighbor residing on the same street as Respondents Beckler and Helms did submit written comments which were considered at the hearing. Although they had notice, neither Mr. Beckler nor Ms. Heims appeared at the hearing nor filed any written concerns or objections; and they have therefore: 1) waived the opportunity to object; 2) lost their "standing" to object or to request INTP-2001-AR-1466; and 3) are estopped to raise objections to the Project and estopped to request an interpretation concerning the Project one year later. Copies of the Affidavit of Publication and the written comments of the neighboring resident which were duly filed with the Authority are attached hereto as Exhibit "3." 5. On October 24, 2000 at a duly noticed meeting of the Board of Collier County Commissioners, the County Commission approved Resolution No. 2000-362 authorizing the issuance of $3,700,000 Industrial Developmem Revenue Bonds for the Project. The Executive Summary 3 DEC 11 2001 which acco~ed and explained the factual and legal basis for the Resolution agenda item reflects that comments were received by the Industrial Development Authority from members of the public relating to direct access of the Project from Donna SUeet and provision of a landscape bu/~. The Executive Smmnaxy specifically states that C-ulfCoast Ameri~ B~ Corporation is a manufacturer ofblinds, window treatments and shutters and that 'q~he property is part of the Westview Plaza PUD which allows manufactufi~.' W'~h the County Commission baying approved a finding that the PUD permits the Project, and the Petitioners' multiple acts of reliance on that approval, the County is equitably estopped from reversing the determination made one year ago that the Project is allowed by the PUD. Copies of the referenced Executive Summary and Collier Co~nty Resolution No. 2000- 362 with its exlfibits are attaeh~ as Exhibit "4.' 6. In reliance upon the County Commission's approval of October 24, 2000, Petitioners substantially and detrimen~ changed their position and purchased the Subject Property on October 30, 2000, and have subsequently incurred additional substantial financial obligations in reliance thereon- Petitioners relied in good fid-th upon two separate findings by Collier County Planning Services Department and a finding by the Collier County Commission that the Project was allowed on the Subject Property by the PUD. Petitioners acted in good faith reliance on the County's approval findings and substantially changed their economic position to their detriment in reliance upon the County's actions. The County is now estopped from changing its position, a full year later, that the Project is allowed on the Subject Property by the PUD. A copy of Petitioners' deed to the Subjee! Property recorded on October 30, 2000 is attached as Exl~'bit "5." 7. On November 14, 2000, Petitioners and the Collier County Industrial Developmem Authority, both acting in good faith reliance upon the County's prior approvals of the Project on the 4 DEC 11 2001 Subject Property, closed on the $3,000,000 Industrial Development Revenue Bonds for the Project. This additional act of reliance and change in economic position by Petitioners further estops the County from reversing itself and taking the new position that the Project is not an allowed use on the Subject Property. Attached as Exhibit "6" is a copy of a document evidencing the closing of the Collier County Industrial Development Authority Revenue Bonds for the Project. III. The Prior Interpretations Aot~rovina the Proiect Were Correct and Were .Affirmed by the County_ Commission a Year A~o 8. When the Westview Plaza PUD was adopted, all of the listed Permitted Uses in the PUD were considered to be "commercial uses" by the County. It is clear fi:om the PUD language that various non-retail commercial uses were Permitted Uses, provided that such uses did not generate "odor, noise, etc." that is detectable offofthe premises. Much less clear (ambiguous) is the "catch all" language which permits any other commercial use comparable in nature with the foregoing uses. Attached as Exhibit "7" are the minutes and staffreports from the August 16, 1983 Board of County Commissioners hearing where the PUD was approved. 9. On two separate occasions (March 2000 and June 2000), the County's then-Current Planning Manager issued binding written interpretations timing that the operations of the Gulf Coast American Blind Corporation are uses that are allowed by the PUD (see Exhibits 1 and 2). The fact that these interpretations were not issued with the formality of Land Development Code Section 1.6 does not negate the validity or-the binding nature of these interpretations which were affirmed by the County Commission when it approved issuance of $3,700,000 in Industrial Development Revenue Bonds for this specific Project within this specific PUD on the Subject Property. These interpretations and the County Commission's approval were based upon a finding by the County's DEC 1 1 2001 Planning Services Department staff that the manufacture/fabrication and assembly of customized blinds, shutters and window treatments mili~ng precision laser cutting and stamping equipment was a use which was comparable in nature to "high technology precision manufacturing uses where the product is ora small nature which does not generate Odor, noise, etc., which is detectable from off the premi.qes." It is well-settled law in the State of Florida that because zoning regulations are in derogation of constitutional private property rights, any ambiguity in a zoning regulation must be construed in favor of the private property owner. The ambiguity in the PUD must be and was originally correctly interpreted by the County planning Services Department and the County Commission to allow the Project. 10. On June 21, 2001, the new Current Plmaning Manager filed a Request for Legal Services with the County Attorney's Office and requested the following action from that office: "Please review and opine as to whether or not the use described in the attached letter (June 5, 2000 letter to Fermin Diaz from County Current Planning Manager Ronald F. Nino) was correctly interpreted to be comparable to "any other professional or commercial use comparable to other uses permitted by right in the district." In a July 27, 2001 memorandum from Assistant County Attorney Patrick White to Susan Murray, the successor to the Current Planning Manager who had previously opined that the Project was allowed by the PUD, Attorney White opined in pertinent part "there is more than ample factual support for Staff's prior conclusion that the "proposed" uses, as evidenced by the existing operations, are sufficiently "comparable in nature" to the "high technology precision manufacturing uses" allowed by fight in the PUD District. As such, the proposed "uses" were not wrongfully considered to be "compatible" by Staff." Further, Attorney White's memorandum states specifically, "this office is of the opinion that there was no legal error in Staffhaving concluded that 6 DEC 11 2001 ... PUD Ordinance Section 2.2.A.25, when read in combination with such a.47, of the PUD Or~ allowed the use and processes being proposed for the Westview PUD." Copies of the Request for Legal Services and the County Attorney's ~ Memorandum are attached as Exhibit "g." The interpr~ation now b~ing appealed is in complete disregard of and contradiction to the legal opinion issued by the Coumy A~tomey's Office. 11. Neither the successor Curren~ Planning Manager nor the Interim Phnnin~ Services Director has the amhority to overturn the prior interpretations which were affirmed by the B~ard of County Co,;,-.~t~ioners on Octobe~ 24, 2000 (see Exh~'vit 4). The validity and binding nature of an interpreiation of a site specific zoning ordinance ihat is applied to a specific project on a specific piece of property cannot be chans~ as a result of a simple change in personnel issuin~ the interpretation. To hold otherwise, would subject the administration ofzonin~ hws to the personal predilections and subjectivity of whoever happened to hold office on any particular day when a zonin~ question is asked. Thai would be a viohfion ofthe righ~ of equal protection under the hw as guaranteed by the U. S. Constitution. The Interim Plannin~ Services Director was barred l~om reversinE the more than one year old interpretalion issued by the Plannin~ Services Dep~ and affirmed by the County Commission that Petitioners' Project is allowed by the provisions of the PUD, and INTP-2001-AR- 1466 is void, or otherwise not bindk~ on Petitioners. Respectfu~ submitted, tL Bruce Anderson, Esq. Attorney for Petitioner Florida Bar No. 327662 Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 (941)597-2814 DEC 11 2001 Certificate of Service I HEREBY CERTIFY that a true and correct cow of the foregoing was furnished via Hand De~ry to the fo~ow~ persons th~/9/~ day of October 2001. David C. Weig¢l, Esq. Patrick White, Esq. Collier County Attorney's Office 3301 E. Tamiami Trail, 8s Floor Naples, FL 34112 Cln4.stop~ J. Thornton, Esq. Treiser, Lieberfarb, Coilings & Vernon, Chtd. 4001 N. Tamiami Tra,'l~ Suite 330 Naples, FL 34103 Thomas W. Olliff 3301 E. Tamiami Trail, 2" Floor Naples, FL 34112 Board of County Commissioners 3301 E. Tamiami Trail, 3a Floor Naples, FL 34112 John M. ~mnuck, HI Thomas E. Kuck, P.E. Susan Murray Ross Gochenaur Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, FL 34104 ~ IL Bruce Anderson, Esq. Attorney for Petitioner Florida Bar No. 327662 Young, van ~erp, Vamadoe & Anderson, 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 (941)597-2814 F:~us~BETSY~Wp9~Diaz Family Ltd Pmshp~BZA Appeal.wpd ITEM DE~ 11 2001 nuuu~vea Mar-lb-el~l l~l:l~am from 9416436625 -, VET[ER COMPANY 3-1B-~ 9: 19AH FRC~ A.C~NOLD/,~tNI]_D. [NO_ 9A1~ page P.l RICB2d/D V~ TRUSTEE 1100 COMMXRCIAL BOULBV~ #118 NAPLES, FLORIDA 34014 941.643.6333 F~n 941.643.~2S Match 8, 2000 R~: Wesudew Driv~ Permitted U3e Riohard Vctmer, Tnm~ AGF~A ITEM DFC 11 2001 I.~1 IILJIL I Page 1 of 2 8:/17AM FRGH ~3LD/~. INC.. 941~ COIZIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SElby'ICES DM$10N P. 2 Planning Serviees Department 2800 North Horseshoe Drive Naples, Florida ~4104 March 15, 2000 Mr. Richard Verier, T~ 1100 Commercial Boulcva~l #118 Naples, FL 34104 Re: Westview Plaza PUD Permitted Uses Dear Mr. Vetter: In response to your letter dated March 8, 2000, please bc advised of the following. This office opines thai the Westview Plaza PUD permits the sale and manufaclure of shutters, blinds and window coverings. Your letter states that the manufacturing process involves the use of precision laser curling, and stamping equipment. We find this activity consistent withprovisions of the Westview Plaza PUD. I hope this is responsive ~ your inquiry. to con/t~ our office at 403-2400. Curr~t Planning Manager If I can be of further ass~ce, please feel free AGENDA I'rTM 11 2001 Exhibit 1 Page 2 of 2 ' 1) 40a-~O0 ~ ~ (941) 643-6968 May 26, 2000 Mr. Bob Mulhere Collier County Planning Director 2800 N. Horseshoe Ddve Naples, FL 34105 Su~ect: West View Plaza Subdivision Lots #1, #2, #3, #11 & #12, Collier County Dear Mr. Mulhere, We are working on a time-sensitive due diligence study to determine the feasibility of building a window fashions manufacturing facility on the subject property. Please refer to the attached letter describing the proposed end-user of the facilities. We like to request your review and conceptual approval of the attached master plan (ref. WM Drawing # D-3114-01). Please note that the facility will be constructed in two phases. Phase I (lots 1, 2, 3) consist of a plan that after allocating the required parking for the projected future staff yields 40% pervious and 60% impervious and Phase II (lots 11 & 12) 52% pervious and 48% impervious. We would also like to get confirmation that the proposed land use complies with the approved land uses of the P.U.D. We appreciate your assistance in this matter and if you need additional information, please call me. Sincerely, AGEJ~A ITEM DEC 11 2001 3200 8ailey Lane, Suite 200 Naples, Flodda 34105-8507 941~o49~1040 ~ 941 w~w. wil=mill~. ~ Wi~so~Miller. ln£. -- FL LJC.,· LC~O00I ~0 Exhibit 2 Page I of 3 GULF COAST AMF RICAN BLIND CORP. May 12, 2000 A Full-Line HlmterDouglas. Fabricator Fermin A. Diaz Wilson Miller 3200 Bailey Lane Suit #200 Naples, FL. 34105 Dear Mr. Diaz: In review of our meeting earlier today regarding our proposed facility, the following is a description of our operations. Gulf Coast American Blind Corp., a Naples based company since 1986, is a full line Hunter Douglas fabricator, the largest in the' Southeastern United States and one of 22 in the country. Hunter Douglas window fashions are considered the Premier custom window fashions line in the world. Independently owned and operated, with more than 150 employees, GCABC services retailers, designers, decorators, and builders throughout Florida and the Caribbean. In addition, GCABC assembles it's own line of"high-end" window fashions. The majority of our associates work in management, administration, sales, marketing and distribution. The balance of our workforce is responsible for light manufacturing & assembly. Our production team members are primarily equipment operators, whose purpose is to.fabricate/assemble components utilizing our equipment & machinery, pdmadly consisting of forming, punching, cutting, and drilling. Sincerely, Carlos A. ~iaz CEO/President 4723 EXCHANGE AVE. · NAPLES, FLORIDA 34104- PHONE (941) 643-2455/(9 http:t/www, gcabc.com · e-rnail: w[ndowfashions @gcal Ar~A ITEM. DEC 11 2001 Exhibit 2 Page 2 of 3 COI,LmR COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Ju~n¢ 5, 2000 Mr. Fermin A. Diaz, P.E. Executive Vice-President & COO W'dsonMiller, lnc., Naples, FI. 34105 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: West View Plaza PUD Regarding the permitted uses of land in the West View Plaza PUD we have determined that light fabrication of product$ such as would be used in the fabrication and assembling of component~ producing custom window fashions is consistent with the general intent and purpose of this PUD. Specifically with respect to development standards required by the PUD we find that the requirement for a maximum area of impervious surface area not exceeding $0% must be achieved over the entirety of the properties you intend to develop. We do not feel we can administratively vary this requirement. e advise ifI can be of further assistance. rely ~ Ronald Nino,^ICP Current Planning Manager AGENDA ITEM DEC 11 2001 Exhibit 2 Page 3 of 3 Phone (941) 403-2400 Fax (941) 643-6968 To: Colli~ County ~ ~lopme~ ~~ 3050 N°rt~ Horsesh~ Dr. Suit~ 120 Napl~s,' FL 34104 CO~F. TAKE ALL OF THIS INTO CONSIDERATION V/lIEN YOU LOOK AT THIS PR.O~. DEN'NI~ ~: DO~..EEN VACHON 4300 GAIL BLVD NAPI.I:;-S, FL. 34104 AGE, I~A ITEM N~, 7~q_ DEC 11 2001 Exhibit 3 Page 1 of 4 10/04/01 THU 18:48 FA~ 94~59811§! DONALD A PIC]~W0RTH PA ~002 NapLes OeJ Ly ~ PIOOJOIII~I, DOIIALO P.A. 51~0 TJUIIARI TIlL N ~602 I~PLH FL ~10~ N) SPACE: 141.(XX) INCH F_T~D ON: 09/27/00 S~mr~ to and Sul~crtbed I~fore .Be 'L'ht8 da, of pereoMtLy knmm by se 8.~n D lqom k ITEJ~ DEC 11 2001 Exhibit 3 Page 2 of 4 10/04/01 THU 13:49 FAX 9415981161 DONALD A PICKWORTB PA li~ 003 Notice of Mceting and Public Hearing Notice is hereby given that the Collier County Indnstfial Development Authority (the "Authority") by and through its General Counsel will conduct a spec/al meeting and public hearing on October 12, at 9:00 a.m. in the Economic Development Council of Collier County Conference Room, 3050 North Horseshoe Drive, Suite 120, Naples, Florida, 34104 for the purpose of receiving public comments concerning the proposed issuance of the Authority's Industrial Development Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an amount not to exce~ S4,000,000 for the purpose ofm~icing a loan to the Diaz F~mily Limited Parmership, as Owner, or Gulf Coast American Blind Corporation, as Initial Operator to be used to finance thc acquisition, construction, and equipping of certain manufacturing facilities (the Projcct''). The Project consists of the purchase of ceff_~in real property located in Collier County, Florida (the "Project Location"), the construction of two builttings totaling approximately g0,000 square fcet, and the purchase of ceriain equipment. The Project Locat/on is Lots 1~2, 3, 11, and 12, Westview Plaza Replat as recorded in Plat Book 30, Page 90 of thc Public Records of Collier County, Florida and is located On Westview Drive, approximately 1/4 mile east of Ah'port Road. The Initial Owner will be the Diaz Family Limited Partnership, and the Initial Operator will be Gulf Coast American Blind Corporation, a Florida corporation All interested persons are invited to submit written comments or attend the hearing, either personally or through their representative, and will be given an opportunity to express thcir views concerning the projects or the financing. Anyone desiring to make written comments in advance of the hearing may send such comments to: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Written commen~s received in advance of the heating and oral comments made at the hearing are for the consideration of thc Authority and will not bind the Authority. Copies of the applications for financing are available for inspection and copying at the office of the Authority set forth above. SHOULD ANY PERSON DECIDE TO APPEAL ANY DECISION MADE BY THE AUTHORITY WITH RESPEC~ TO ANY MATTER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TBSTIlViONY AND EVIDENCE UPON WHI _CH THE APPEAL IS TO BE BASED. ----- Ix~.~ DEC 11 2001 pl.~--'~ _ Exhibit 3 Page 3 of 4 In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this hearing should contact Donald A. Pick-worth, General Co-nsel, at (941) 263-8060 no later than seven (7) days prior to the hearing. This notice is given purs,~t to Section 147(0 of thc Internal Revenue Code, as amended. /s/Donald A. Pi&-worth Assistant Secre~ and General Counsel ACi~A ITEM DEC 11 2001 Exhibit 3 Page 4 of 4 PAX 941S98116! DONALD k PICKWORTH PA ~J002 TI~ Disz Fsmily LimiUxi Parmmhip nd Gulf Coo.st American BI/nd Corp. The Diaz Family Limil~l Pal~crahip m~d Gulf Cofat Ammicau Blind Coq). The Industrial D~lopmmt Authority hns beenr~qnestad to issue its bonds to finauce ~ q,,,~ ~ mauu~nct~i~ facilities. The Diaz Fmmily ~ Partnership, as owner, and CntlfCout American Blind Corp., u lessee and opmm~, propose to borrow sp~q2x:imai~y S3.7 mill4on to consu-u~ aud equip th~ n~w plant fsaih'ties. Cmlf Cout Am~ric~u Blind Corpor~on is a mmm.f~tumr of blinds, window tumUn~, and sh~ sad is s ~ m~ of I:Iunter- DOu~la~ wimiow u'~aun~t pmdu~. Th~ comply was ~ in 1986 taxi l~s growu to ~out 170 muploy~t It hs ~ $20 ~ in smm~ sslm, l~im~y in loca'dom in the Collie' County IudusUial Pv. rk. Tl~ pu.,pose of the finsnc~ lt~ the ~xpmaion will cre~ au additions140 jobs over the next four to fiv~ years. The Authcri~ met on September 21, :2000 ~o pre~ ~ the proposal, and heard a p~.~Emm~cm frmn the Compaq. Following t~ m~etin~ the A,_~,mity adopted st pr~liminsry spproval rusolulion (the Induoe~mt R.eso~on) and dh'ected th,o a public hearing be held to consider commenis of members of the lmbEc. The frosting waa noticed by pubUcatio~ in the Naples Daily N~ws in the manner x~quir~ by th~InlamalRe~mm Code~ and was held on October 12. Comn~m~ ofm~ of~p~hc ~ consi~ Th~ c_~,~-~- ml~! to concern owr direct scc~ of the project to Domm Street, a~l the provision ora ~ buffer. The proj~'t si~ plau shows ttmt lhe~ will be no access from th~ projoGt to Donua String. Th~ property is part of thc Westwiew Plaza PUD which allows mauufuc~urb~ Tim PUD mquir~ a lndsaspe buffer ofa imst 10 foet in width alo~ thc cs.qtem bo~bry of ~ PUD (which iacludm ~ subject pmpmy), which must be ~ to specifiod opacity Audard~ The site pin shows that theprojc~ w~llave abuffer ofsplwoximmely 60 fcet, well in exoms of that ~ by the PUD. At the conelusi(m of the public he'ns, ~he Autho~ ruolufion confmmins tho Iaducemcm l~solutioa (tho Coufmains Besol~on) wu ~ to AGE2dDA ...... DEC-t'T'2OOt OCT 2~! 20OO pg. '.. Exhibit 4 Page I of 21 ' ~0/12/00 THU 1~:46 FAX J41SgSl/61 DONALD A PICKW0RTB PA [~]003 rev~um entr, ept ttm t~vmuea o ftl~ Borrower. Netthw the County, tho Board, nor any offir, m' of the County is t~ablo for thor Imymmt. Pur0~, th~ Rmol~on encpre~ providm that this spptoval by tho Board do~ not al~gate say County mgulsfia~ incb_,~_~ land nsc ~intions. County is not liable fur paym~ in any way. On tim other hsml, th~ i,ssuan~ of bonds for tl~ Amhority to issue such bonds declare that suah issuance is for a public purpose. The i#uanr~ of thee bonds will have no impact on ilm Cotmty'n ability ~o issue "bank-4ttudified" debt for the mmaim~ of 2000. G~t.OWTI-I MANAG~ IMPACT: Th~ adoption of ~ ~ resolution will have no ~lwne Srowth manasament conseq~. The faciliii~s ~ ~ in tI~,,,,h~corporated ama of and ',ho l~meot of impm I~,ECO~ATION: The Board of County ~onet's adopt the attached Resoled. on. Collier County Industrial Ik~lopm~t Authority Approval by: Chief Assistant County Attorn~ -2- A~A ~TEM OCT 2q 2000 Exhibit 4 Page 2 of 21 16L 2 RESOLUTION NO. 2000- ~.2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MA.TI'ERS. Whereas, the Collier County Industrial Development Authority (the "Authority") ia a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissiouers On February 27, 1979 pursuant to Part IH of Chapter 159, Florida Statutes, aa amended, with the power to issue revenue bonds for the purposes of financing a"projecf' as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, the Diaz Family Limited Partnership, a Florida limited partnership (the "Borrower") and Gulf Coast American' Blind Corporation, a Florida corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an aggregate principal amount not to exceed $3,700,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available fund~, to (a) finance a portion of the cost of constructing and equipping two buildings of approximately 60,000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Project") and Co) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and Whereas, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority held a meeting on September 21, 2000 at which it adopted Resolution No. 2000-01 (the "Inducement Resolution") approving the project, a copy of said resolution being attached hereto as Exhibit "A"; and Whereas, the Authority caused notice cfa public hearing to consider approval of thc Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to be published on or before September 27, 2000 in the Naples Daily News, a newspaper of general circulation in the County, and a eo~f Said notice is attached as DEC 11.2001 Exhibit 4 · - -' Page 3 of 21 Exhibit B (the "Notice"); and 16L 2 Whereas, the Authority held a publio hearing on October 12, 2000, pursuant to tho Notice and considered the comments of members of the public concerning the issuance of the Bonds and the Project, and at the conclusion of tho hearing adopted a resolution confirming thc adoption of the Inducement resolution ( the "Confirming Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit C, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(0 of the Code; and Whereas, for the masons set forth above, it appears to the-Board that the approval of the issuance and sale of such Bonds as required by Section 147(0 of the Code is in the be,st interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes de.scribed in the Notice pursuant to Section 147(0 of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such mounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenue~ provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. ~ This approval shall in no way be to abrogate any regulations deemed of Collier ~ ~ County applicable to the Project and the Project shall be subject to all such regulations, >)~! including, but not limited to, the Collier County Growth ManaEement Plan. all concurrency ~q....__uirements contained therein, and the Collier-~o~ty Land Development Code~ Section 2. Severab#ity. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. -2 A~A ITEM DEC 11 2001 Exhibit 4 Page 4 of 21 Section 3. Effective Date. This Resolution shM1 take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 24th day of October 2000. [Remainder of this page intentionally left blank, signatures on next page] ~A ITEM DEC 11 2001 Exhibit 4 Page 5 of 21 16L ATTEST: Dwight ~ :Broe~ Clerk ' ,". Deputy Cle~r~ COLLIER COUNTY, FLOI~IT~A BY ITS BOARD OF COUNTY COMMISSIONERS James D. , Chairman [SEAL] Approved as to form and legal sufficiency: 4 DEC 11 2001 Exhibit 4 Page 6 of 21 16L 2 RE, SOLUTION NO. 2000-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REOARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPEC~ TO THE PROPOSED .ISSUANCE BY THE AUTHORITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (GULF COAST AMERICAN BLIND CORPORATION PROJECT) SERIES 2000 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,600,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS TO BE INCURRED BY THE DIAZ FAMILY LIMITED PARTNERSHIP ( THE "BORROWER") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN MANUFACTURING FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BY AND AMONG THE AUTHORITY, THE BORROWER, AND GULF COAST AMERICAN BLIND CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Diaz Family Limited Partnership, a Florida limited partnership (the "Borrower") and Gulf Coast American Blind Corporation, a Florida corporation (the "Company", and hereina~er, "the Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an aggregate principal amount not to exceed $3,600,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping two buildings of approximately 60,000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Projecf') and Co) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Borrower and the Corporation have requested that the Authority loan the proceeds of the Bonds to the Borrower pursuant to Chapter 159, Parts~ Statutes, or such other provision or provisions of Florida law as the Author3t advisable (the "Act") in order to accomplish the foregoing purposes; and ~ 7 - DEE: 11 2001 EXHIBIT A INDUCEMENT RESOLUTION Exhibit 4 Page 7 of 21 16L 2 WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrower to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to thc t~ns thereof which will provide that payments thereunder 10c at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incunv, d by thc Authority, will assist the Borrower and Corporation and promote the public purposes provided in the Act; and WHEREAS, the Borrower and Corporation have submitted thc Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrower and the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of]aw. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrower and Corporation to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in ali respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of thc costs of the Project by the Authority through the issuance of the Bonds, pursuant to thc Act, will promote the economic development, prosperity, health and welfare of thc citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrowcr and the Corporation meeting the ca ~ditlon.~ .~_? Fourth in the Preliminary Agreement to the sole satisfaction of thc Authority. ,~,IOA lltl~_ DEC 11 2001 Exhibit 4 Page 8 of 21 16L 2 SECTION 4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached hereto as Exh/bit "A", among thc Authority, the Borrower and the Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to exceed the lesser of (a) $3,600,000 or (b) thc amount determined by the Authority, the Borrower and the Corporation to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Borrower and the Corporation and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal aroount not to excee. A $3,600,000 for the principal purpose of financing the costs of the Project as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the unde~_~idugs provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OffICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. Thc Bonds and thc interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof'but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and among thc Authority, thc Borrower and the Corporation prior to or contemporaneously with the issuance oftbe Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to thc Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right AGENDA DEC 11 2001 16L 2 of Collier County or estopping Collier County. from asserting any rights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 21 st day of September, 2000. 4 DEC 11 2001 Exhibit 4 Page 10 of 21 16L 2 (SEAL) ATTEST: COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY J.R. Humphrey, Chairman Secretary AG~.NDA ITE~ No. 70- DEC 11 2001 Exhibit 4 Page 11 of 21 EXIIIB~ A TO RESOLUTION 16L 2 PRELIMINARY AGREEMENT I?OR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement among thc Collier County Industrial Development Authority, a public body corporate and politic (the "Authority"), The Diaz Family Limited Partnership, a Florida Limited Partnership (the "Borrower"), and Gulf Coast American Blind Corporation, a Florida corporation (the "Corporation"). WITNESSETH: 1. _Preliminary Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) The Act provides that the Authority may issue revenue bonds and loan the proceeds thereof to one or more persons, firms or private corporations, or use such proceexts, to defray the cost ofacquLing, by purchase or construction, certain qualifying manufacturing facilities. (b) The Borrower and the Corporation are considering financing the costs of the acquisition, construction and equipping of manufacturing facilities (the "Project") to be owned and operated by the Borrower and the Corporation respectively. (c) The Borrower and the Corporation have applied to the Authority to issue i~s private activity revenue bonds in the initial aggregate principal amount of not to exceed $3,600,000 (the "Bonds") for the principal purpose of making loans to the Borrower for the purpose set forth in Resolution 2000-01of the Authority (the "Resolution") (d) The Authority considers the issuance and sale ofthe Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes official action of the Authority toward the issuance of the Bonds in accordance with the purposes of the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part ofthe Authori_ty. Subject to the terms hereof, the Authority agrees as follows: (a) Subject to the Borrower and the Corporation providing the Authority with sufficient evidence to enable the Authority to make the findings set forth in Section 159.29 A-1 DEC 1 1 2001 ~.xhibit 4 16L g of thc Act, the Authority will, subject to Section 4(g) hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to finance the cost of acquiring, constructing and equipping the Project as the Authority, the Borrower and the Corporation shall agree in writing (including costs of issuance of such Bonds), but in all events, thc principal amount of such Bonds shall not exceed tl~ lesser of (i) the amount determined by thc Authority, thc Borrower and the Corporation necessary to accomplish the foregoing, or (ii) $3,600,000. Co) The Authority will cooperate with the Borrower and the Corporation and with the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with respect to the issuance and sale of the Bonds and will take such fiather action and authorize the execution of such doouments as shall be mutually satisfactory to the Authority, the Borrower and the Corporation for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing, acquiring and equipping the Project, and to pay costs related to the issuance of the Bonds. (c) Such actions and documems may permit the issuance from time to time in the future ofadditionaI bonds on terms which shall be set forth therein, whether pad passu with other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion, enlargements, improvements and expansions of any of the Project, or any segment thereof, or (2) refunding all or a portion of the Bonds. (d) The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") among the Authority, the Borrower and the Corporation shall, under terms agreed upon by the parties, provide for payments to be made by the Borrower and the Corporation in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that those facilities encompassed by such Project will be suitable for the purposes or needs of the Borrower. (0 The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements among the Authority, the Borrower and the Corporation or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the State of Florida or any political subdivision or agency thereof, and such fact shall be AGENDA ITEM plainly stated on thc face of each of the Bonds. A-2 DEC 11 2001 Ex~ibi~,--~ of 21 16L 2 (g) Issuance of the Bonds by the Authority shall be contingent upon (i) satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including tke ability of and desirability by the Authority to issue obligations to f'mance the costs of the Project and (ii) the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 1,$7(0 of the Code. 3. Undertakings on thc Part of the Borrower and the Co _moration. Subject to the terms hereof, the Borrower and the Corporation agree as follows: (a) The Borrower and the Corporation will use reasonable efforts to insure that the Bonds in thc aggregatc principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority, the Borrower and the Corporation. (b) Prior to the issuance of the Bonds, the Borrower and the Corporation will enter into the Financing Agreements with the Authority, the t~uiJs of which shall be mutually agrecablc to the Authority, thc Borrower and thc Corporation, providing for the loan or usc of thc procecds of the Bonds to finance a portion of the costs ofthe Project. Such Financing Agreements will provide that the Borrower and the Corporation will be obligated to pay the Authority (or the trustee for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expcnscs rclatcd to the issuance and delivery of the Bonds. (c) The Borrower and the Corporation shall, in addition to paying thc amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (d) To the extent not otherwise paid from Bond proceeds, the Borrower and the Corporation hereby agree to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of- pocket expenses of officials and repres.cntatives oft. he Authority incurred in connection with the issuance of thc Bonds and (iii) all fees and expenses of Donald A. Pickwor~ P.A., Counsel to the Authorily, and the fees of such fh-m as may be appointed as Bond Counsel. (e) Thc Borrower and the Corporation will hold the Authority and Collier County free and harmlcss from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of any of thc Project. AGENDA ITEM ^-3 DEC 11 2001 ~ Exhibit 4 ~ag~ 14 of 21 (f) The Borrower and the Corporation agree to indemnify and defend the Authority and Collier County and hold the Authority and Collier County and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons ocaming in connection with the Project or the issuance of the Bonds and the Borrower's or the Corporation's undertaking thereof, or in any way growing out of or resulting from this Agreement including, without limitation, all costs and expenses of thc Authority and reasonable attorneys' fees inam'ed in the enforcement of any agreement of the Borrower or the Corporation con, a/ned herein, but excluding anY cia/ms, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct In the event that the Bonds are not/ssued and d¢livere~ this indemnity shall survive the termination of this Agreement. (g) The Borrower and thc Corporation will take such further action as may be required to implement its aforesaid undertakings and as i! may deem appropriate in pursuance thereof. 4. Qeneral Provisions. All commitments of the Authority under Section 2 hereof and of the Borrower and thc Corporation under Section 3 hereof are subject to thc conditions that all of the following events shall have occurred not later than ~January 1,2001, or such other date as shall be mutually satisfactory to the Authority, the Borrower and the Corporation. (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority, thc Borrower and the Corporation shall have agreed on mutually acceptab[e terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instruments or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfacWry to the Borrower, the Corporation and thc Authority as to such matters with respect to the Bonds, the Proj eot, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority, thc Borrower and' the Corporation, shall have been obtained from the Internal Revenue Service and/or thc United States Treasury Department and shall be in full force and effect at thc time of issuance of the Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Borrower, the COrporation and thc Authority as to such matters with respect to the Bonds, thc Project, thc DEC; 11 2001 16L 2 Financing Agreements and any other trust insmuncnt or instruments, as shall be specified by thc Borrower, the Corporation or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with ali applicable provisions of Chapters 159, 189, 215 and 218, Florida Statutes, and the AuthoriW's guidelines and procedur~ relating to the issuance of thc Bonds, h~ interest rate~ th~n, thc type ofpurchasers of the Bonds and the terms on which thc Bonds may otherwise be issued. (f) Notwithstanding any other terms hereof, noosing contained herein shall be construed to create a binding commilmcn! by the Authority to issue the Bonds until such time, if ever, ns the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Borrower and the Corporation agree that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as n result of it not granting any such approval notwithstanding any other provision hereof. If the events set forth in this Section 4 do not take place within the t/me set forth or any extension thereof, the Borrower and the Corporation agree that they will reimburse the Authority for all the rcasonable and necessary direct or indirect expenses which the Authority may incur at the Borrower's or thc Corporation's request arising from the execution of this Agrcemcnt and the performance by the Authority of its obligations hereunder, including rcasonable legal fees and expenses for Counsel to the Authority and Bond Counsel. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by thc[r officers thcreunder duly authorized as of thc 21st day of September, 2000. [Remainder of page intentionally left bhmk, signatures on following page] A-5 AC_~A ITEM DEC 11 2001 Exhibit 4 Page 16 of 21 16L 2 COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHO~ The Diaz Family Limited Partnership /s/ [Title] Gulf Coast American Blind Corporation /~/ [Tide] A-6 DEC 1 1 2001 Exhibit 4 Page 17 of 21 ft~p~e- bt tyHevm Le,~ FL ~,1~ AfftMv~t of fubtlwttcm NmpL.. bat Ly Nwa PZCIMOIITH, OOlM4~ P.A. S150 ?AIIINIi TIlL N NAPLE~ FL 34103 REFEWF. NCE: 01078~ 58126722 Nottce of Ileet~nO mn St4~e of fLorlde County of Before the md~'m~ned ~uchorlty, pereaMLLy q~)eired B. I Jib, IdhO Mt Oath ~ init IM lePvea ~ ~he ~t,t~t ~f the cofpof, ta s.~fet~f~ ef th. lipt#l h~Ly N~,, a ¢l~tLy.fm~)qp~ pub.Libel et in CoLLier Count7/ FLortcb: that the ittmched I cop~ of idvertt.tpg ~l .pubL~d~KI tn n~ on dlt# L~etEd. Affiant further says that the ~ltd. NIpL# O~tty .w. tz a ne~er Ixi)Ltihecl I~ N~Ltl, ~n .etd ColLier Co4mt¥~ FLorida, ~nd that the Mid rm~q)mper hie heretofore been ~o~ttnu~mL¥ , pubLt~Md In Mid CoLLI.er Countys.FL.oftdi, Miter it the polt offt~e In IMpLem, tn maid CoLLier County, FLorida, fer · ;wrtod of ~ y~r n.xt preceding the ftrlt pubL~Gat~o, o1' the attJc~ed fq~y o~ idv~tllil~t. ~ end ".r~her ~y$ that IM hi4 neither F4t~ nor ~' : ltm~d ~ny piT, On, ffm or co~poemtl~ any ~.4eount, rebate, ~ilte~1on or. re,nd ~.or ch· pub~tet{en ~n the la{d nevspeper. PUBLISHED oH: 09/27 16L EXHIBIT B TEFRA NOTICE AG~A DEC I 1 2001 wage 18 of 21 16L 2 RESOLUTION' NO. 2060-~O~ A RESOLUTION CONFIRMING AND AMENDING KESOLUTION NO. 2(K)04)1, BEING AN 1NDU~ KESOLLrrlON OF TH~ COLLIEK COUNTY INDUSTRIAL DEVELOPMENT AUTHOKITY KEGAKDING THE OFFICIAL ACTION OFTHE AU'I~OR1TY WITH R~PECT TO THE PROPOSED ISSUANCI/BY THE AUTHORITY OF ITS INDUSTRIAL DEVELOPMI~NT RE~ BONDS (GULF COAST AMERICAN BLIND CORPORATION PRO/ECT) S]~[Ir~S 2000 IN AN IN1TIAL AGGRF.~ATR PRINCIPAL AMOUNT NOT TO EXCEED $3,700,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS TO BE INCURRED' BY THB DIAZ FAMILY LIMITED PAR~HIP ( THE "BORROWER'~) Ilq CONNECTION WITH TH]/ ACQUISITION, CONSTRUCTION AND I~QUIPPING OF CERTAIN MANUFACTURING FACILITIES; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Diaz Family Limited Partnership, a Florida limited parme~p (the "Borrower") and Gulf Coast American Blind Corporation, a Florida corporation (the "Corporation") have applied to the Collier County industrial Development Authority (the -Authority'r) to issue its Industrial Devel6pment Revenue Bonds (Gulf Coast American Blind Corporation Project), Series 2000 in an aggresa~ principal amount not to excced $3,600,000 (the '~B on ds"), for the purpose of making a loan to the Borrower, for the purpose of providin§ funds, together with other available funds, to (a) finance a portion of the cost of constructing and equipping two buildings of~pproximately 60,000 square feet, which will b~ used for cert_~i~ manufacturing operations of the Corporation (the "Project") and (b) pa), ce['tain expenses incurred/n connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and WHEREAS, the Authority held a special meeting on September 21,2000 to consider the ~pplication of the Borrower and the Corporation, and at the conclusion of said meeting adopted Resolution No. 2000-01, being an Inducemen! Resolution approving the Project and the issuance of the Bonds, subject to certain conditions contained in the Inducement l~esolution and the Preliminary Agreement for Issuance of Private Activity Revenue bonds among the Authority, the Borrower and the Corporation (the "Preliminary ~ent'') attached thereto and further directed that notice be published pursuant to the e~auirem~'~t~ AC.~A I'IT~4 EXHIBIT C CONFIRMING RESOLUTION DEC 1 1 2001 Po~. i b OT Z'l 16L 2 of the Internal Rcw-nue Cod~ (the "Cod~") for a hearing at which membe~ of the public could comment on the issuance of th~ Bonds and the advisability of the Project; and WHEREAS, the Authority having considered the comments ofmembers ofthe public ss to the issuance of the Bonds and the advisability of the Project at a public hearing held October 12, 2000 pursuant to notice given ss requireA by the Code, s copy of said notice being attached hereto as Exhibit "A"; NOW, THEREFORE, BE 1T RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: . SECTION 1. AUTHORITY FOR THIS RESOLIfrlON. This Resolution is adopted pursuant to thc'provisions of Part HI, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2. CONFIRMATION AND AMEND~ OF RESOLUTION 2000-01 AND APPROVAL OF THE FINANCING. Having considered comments of members of the public as to th~ issuance of the Bonds and the advisability of the Project, and having further reviewed the amount of financing requested, the Authority hereby confirms · its approval of thc financing as set forth in Resolution 2000-01, subject to the conditions set forth in said Resolution 200001 and the Preliminary Agreement, except that the Inducement Resolution and Preliminary Agreement arc hereby amended to reflect that thc aggregate principal amount of tax-exempt bonds shall not exceed $3,700,000, otherwise the terms and conditions of the Inducement Resolution and Preliminary Agreement shall remain in full force and effect. SECTION 3. DIRE~ON TO SEEK APPROVAL FROM BOARD OF COUNTY COMMISSIONERS. The General Counsel of the Authority is hereby authorized and directed to request approval of thc issuance of the Bonds by the Board of County Commissioners of Collier County pursuant to Section 147 of the Code, and upon obtaining such approval, to apply to the State Board of Administration, Division of Bond Finance for an allocation of thc State Volunic Cap in order to permit thc issuance of thc Bonds, subject in all respects to the Borrower and the Corporation complying with the terms and conditions of Resolution 2000-01 and the Preliminary Agreement. S~ON 4. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 12th day of October, 2000. ^C, EN~A ~TEM DEC 11 2001 .- , Page 20 of 21 16L 2 (SP. AL) ATTEST: COLLIER CO~ INDUSTRIAL DEVELOPMENT AUTHORITY Is/ J.R. Humphrey, Chairman AC, EITIDA field DEC 11 2001 · Exhibit 4 Page 21 of 21 ~C~CCL~I~) ~#. ~, ESQ. P~0sald #. XA~ebAe, ~.&. ~aplea, florld~ $4103 751F~2 OCT ~ '01 14:14 2707023 2?37 PG: 0859 II/xAIII # #:#111 lIllE I. ~ ~ ~ 5 I1.~ Do~. ICanpa~ $ 7,900.00 leoordAn~ la.00 Taz Foliolt 8XST00&0001 OXS?0090003 81S70130003 0XS70440009 81570480001 TKXO 23~B~t~RI, As made and eaCez~d ~to aa of the . I~ day o£ OaCober, 3000, by lX~fldDVHTtlR, 3~dLvidnaLXyenduh~ooof ~h~ ~XorAda Land True~ ~~ da~ed De, ember 1l, 199S, vhoae addz'oaw If 4000 Bayahore Drive, Suite &, hplee, FlorAda 34112 (horeAnafCer referred to ae the 'G~-,-tor') and D~LS FM~LTL33DTID FARTrEUHX~, a lfl~ozAda L~uited ~armerahAp, ~home addzowe if 80n~mwx~n~enermp~ea~ rkrA6a 34104. (hereinafter re£erred co aa' tho "~.'mnCee"), That ~he Ozautor, £oz alul An o~aA~er&tion of ~he m of T-~ DoXlaro (SA0.00) ~d o~r~ ~val~lo ~Ldt~atL~, co~ ~paAd, ~e rome/pt vbreof ~f hez~ a~Xqod, ~ bsa confA~ ~Co ~e ~Cee, ~ ~e baiza, pere~ ce~ain padex of 1~ ly~ ~ b~ng ~ ~e C~ of CoXXAoF, f~a~e o~ Fly.ida, ~d~e parbA~la~l~ defc=tb~ aB ~olXM~ B~Z ~ "Au - L~GIG. D]EBC~Z'i'TXClIA2'ZIU3iBD~RII'O reatrA~ticmm, reaaz'v&~lon~, on~mbranaef and e/aaen~e of ~e~oz-d.. represen~atAvoe, ru~oeaaora and afaAgus the~eo£. An fee aAnple forever aa co ~hooo lande d#aribed above. right ud Lm~ul IuC~rLCy ~o .ell ~d conv~ siAd l~l erutor her~ fully ~ta ~e earle to maid 1~ ~ wall def~ tho m~e a~/nmC ~b la~ al~ of ~1 p~w~8 ela~ AGENDA DEC 11 2001 - Page 1 of 3 c:~1659~5c35 ISC:R~CAC:CI:I.NTING) "/'51. Pl~ OCT I~1 '01 14:14 OR: 2737 !~: 0860 BTATB Or PLOIa'DA COUl4~r oF C~Or.,T.,'rBP. ;~l~Th.o for_eg_o~ng L.nm~.ru~, vim a~Xe~ before ~y o% ~t~er, 3000, ~ ~ ~, ~~y L (8EAL) AGENDA IT~,M DEC 1 1 2001 Page 2 of 3 OR: 2737 PG: 0861 pGblAa reaorda of ~oXlAew C:o~nby, ~XorAda. DEC 11 2001 Exhibit 5 Page 3 of 3 941~ OCT {~1 '01 14:29 COLLIER COUNTY INDUSTRIAl. DEVI~,,OP~ ALT'rHOR]TY COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPME2qT REVENUE BONDS (GULF COAST AJVJF. RICAN BLIND CORPORATION PRO.IF. CT) SERIES 2000A COLLIER COUNTY INDUSTRIAL DEVELOPMENT AU"I'HO~ TAXABLE INDUSTRIAL DEVELOPMENT RE~ BONDS (GULF COAST AMERICAN BLIlVD CORPORATION PROJF. CT) SERIFS 2000B NOV'EMBER l 4, 2000--"'"~ NABORS, GIBL/N & NICKERSON, P.A. BOND COUNSEL AGENDA ITEM DEC I 1 2001 I~(I'IIDR (~ Page 1 of 2 ,-, DEC 11 2001 Exhibit 6 Page 2 of 2 .mB ~dy ~Se 1~3, aa evlde~ ~ ~fidovl~ of p~llcicion fil~d vl~ Mt~ ~k~oy ~h~ & Jernlgon, ina. representing Scram & r~8~l~ reMnl~ of opproaAmcelY 20.4 ocrJl from C-I ~o ~D for ~o~ PXe~ Xoco~ed off ~s~v&ev Drive, d8~ of ~flno S~ree~, o~ oorr~ of &BiZ ~ouleva,d. Bo~vi-- plaza, o~Sng chat they are pro~ol~ to de~ ~op fflo~ to a11~ comrclaJ des os outlined Sfl ~he PUD. ~e ~3ocen~ pro~r~y o~ero have ~ee~ coflCac~ and An ~e CoZller County zoning ordinance. She re,cLod that ~he deveJo~teo 41en~ his ogree~ Lo conoCr~t · cui~a-ooc a~ c~e end of CO~t[~ClOn Of the cu~-de-lac. DEC 1 1 vl~ bi i ouffor of opprcuindLaly AlS' Cmmniomomer ffAmtor ramrod. ~~ ~ ~l~l~r Br~ ~ nrrt~ ~~Y, t~t ~ ~l~ ~oriM ~ o3~d. corrl~ ~n~ly, ~t ~e OrdlM~e am n~r a~ efltitX~ MX~ M of ~ ~ ~nt oM the tonstr~tion of · culd,-uc it tho oM of im 06 c~loolofler PioLor Mved, 8eco~d ~ ~leoloner oro~ oM niz4muIG of i,o9:) Acm J~y 2:. 1913. aa eviden=ed ~ Mfigovit of MJl~itton fsi, vitb ~e CJerl, p~AIc boirihg us oMn~ to coflit~.c ~tttton R-I]-lC. fil~ Jo~n J. MMIIi, requeott~ tesonlflg of A,09J et~e, fr~ A-3 t A-lIT Peqo 4 lUIB Page 2 of 5 FKT/TIGg R-83-3C, POST, BUCKLKY, SCHDH & J~JIIGAI, ~IWC** ~ STRGI~ & HARVEYS, B~QUEST/]IG REZOr~G FROH C-1 TO FUD FOR VESTV/KV I~AZA LOCATBD OFF OF UBSTV/EV DI/VE, BORTH OF GA/L ROAD AI~ VEST OF DOBllA OLTECT/VS** To rezone Cbe m~b3ecC pEoperCy c~~1. ~rt~al c~Ct~ of s~eral c~rc~ mo Cbe ~JacoC pr~r~ mere ~ld ~s PeCic~ be b~n r~md a~ recmd~ for a~ ~a1 by s~ff ~ a~ ~ ~enc~ea in cbeir ar~ of c~cem nb3ec Co cbc sCi~bcion chac cbe ~ be ~ed Co pr~de for a lm decaped buffer as r~uired ~ ~llier ~n~ Z~us ~t~uce. ~C be~ their ~b~c b~r~S ~ Au~sC 4, 1983. F~r pe~le e~reos~ ~eir c~cem ~er Cbe Craffic seneraced bY Cbe proceed devel~nc. ~e d~el~er*s aS~c asre~ co c~sc~cc a cu1~c Ves~ Drive ac ~ Street ~tch my be u~d 'tiered necee~ as ac~aa Co ~ Street. ~C rec~nded fo~rdinj R-83-3C Co Cbe ~rd of for a~r~al ~b3ecc Co ~~c of the ~ do--nc nd Cbe c~oCncCi~ of a ~1~c ac the ~d of Ves~ev Dr~e aC ~a SCmC. ~ATIOH~ B~rd of C~Cy C~sai~ers appr~e Petition R-83-3C ~Jecc co aMuSe of Cbe ~ do~C and cbe c~8C~cCiou of a ~l-d~eac aC cbe end of Ves~ Drive aC D~ Street. R-83-3C EX Sum R-83-3C Ex SUm Exhibit 7 Page 3 of 5 COASTAL AREA PLA~INO CO~ISSION CO~IUNITY DEVELOPliENT DIVISION PKT~TION R-83-3C1 H~. & HRS. FlUiD G. STROff & HR. & KIS. THEODOR~ C. HARVEY: RKQU~STING RKZONIHG FRON C-I TO PUD 1. LOC~LTIOH & FROPOSED USE: The subject property is 20.4 acres located North of Cail Road and West of Donna Street off of WesrvievDrtve. 2. SURROUNDING ZONING: Lands to the ~est are zoned IL, lands to the North are zoned IL and A-2, lands to tbs East are zoned RSF-3 and lands t¢ the South are zoned "E" Estates. 3. SURROI~TDING LAND USE: To the North are industrial uses including Naples Lumber, Econo ~Auto Bake, and Ann & Hickey~s Bar. To tbs vest are industrial u~ee including siamese, auto parts and body shops, Nassau Pool Con£ractors and other industrial uses. To the east and sou~b are single f~ily residences. 4. COIfl'R~HENSIVE PLAN LAND USE: Lands to the west are designated industrial, lands to the North are designated industrial and residential mediu~ to hiEb density, lands to tbs east are designated lay to meditm density and lands to the south are designated lo~ density. The petition in question complies with the Comprehensive Plm~. EI~VIRONNE~AL & DRAIH. ACE CONSIDERATIONS: The Eflviron~ental Advisory Council reviewed this petition and offered no objection. The ~ater Nausemeut Advisory Board revieved tbs petition in question and has no objection to the approval of the petition with the stipulation that each commercial lot be l~ited to a $0~ tepervious density iu accordance with the previously approved vater manass~ent destsn for this property. Exhibit 7 Page 4 of 5 1 2001 TRAFFIC The Tz'a~f:l.c Engineer has the follov:l.n$ c~C~ and ~ pro~o~ zezouins ~11 ~ncr~oe ch, t~e of c~rc~ uses pelleted, ~C rill bays us o~Sn~flcauc ~cc ~on ~ily traffic Co be s~erac~. ~e ay,rase loc is ab~C 2~22X of cboe a~, sc 1~,~ ~qu~ f~C Co be occ~ied b7 sC~ctures. ~lve such st~ctureo, totalt~ 168,~ square feet flor space e~ld soe~ace s~ 1,~ cr~ps ~r day. ~e bu~ of chis cEaff~c ~ a~ve and de~r~ ~ cb ~nCezoecc~on of hd and Vest,er D~ve. ~ere .~ be a lesae~ volu~ ~ns Cbs ~cersecc~ of hdio ~d a~ ~a SC~. Tr~fic sene~Ced by ~o pro~ecc ~ ~e no s~f~c~C eff~c u~n incersecc~ons in the area. Reco~daCions - ~e d~eloper shall provide a fai~ share c~c~buC~on c~ard cbe capital cost a traffic s~a. ac cbe ~ncersecc~on of ~o~ Road (~-31) and ~es~v~ Dr..ye vben de~d war,anted by the County ~S~n~r. ~e st~al shall be ~ed, o~ezaCed and ~incained by Goll~er ~uncy. 8e UTiLITiES: .The Utility Division has no objection Co this rezone petition. R. EVIE~ OF P~ D~: PaEe 6 Section 3.2 Cha~e the first sentence co reed: 't~e d~eloper ~11 pr~de a londs~ped buffer strip nsc less than 10 feec feet in heisht and ~ opaci~ 12 ~th8 of pbntint, al~8 Ch. S~the~ and hsCe~ prope~ liues. ~so chon~e 36 ~nchs ~o ~2' ~pth8 las~ sentence of Section APPROVED BY STAFF RKC(~IIDA~ZOH: CA~C foEva~d Petition R-83-3C to the ~ard fo~ appr~al sub3ecC co amender o~ cbs P~ docent as outlined ~ ~8 able. 2001 Stof~ bport Exhibit 7 Page 5 of 5 OFFICE OF THE COUNTY ATTORNEY P.E~UEST FOR L~GAL SEEVZCES THIS DOC~3~T HA~ B~ REV~ FOR TYPING AND SPw~.?:_TN~ ERRORS BY: DEC 11 2001 Exhibit 8 Page 1 of 4 COLLIER COUNTY COMMUNITY DEV~.I~P_MKNT AND ENVIRONMENTAL ~ERVICES DMSION June 5, 2000 Mr. Fertnin A. Diaz, P.E. Executive Vice-President & CO0 W'dsonMfller, lnc., Nnples, Fl. 34105 RE: West View Plaza PUD Plavn!ng Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Regnrding the permitted uses ofinnd in the West View Plaza PUD we have determined that light fabrication of products such as would be used in the fnbdcation and assembling of components producin~ custom window fashions is consistent with the general intent and pmpo~ of~his PUD. Specifically with respect to development standnrds required by the PUD we find that the requirement for a mnximum area of impervious surface area not exceeding 50% must be achieved over the entirety of the properties you intend to develop. We do not feel we can adminisWafively vary this requ/rement- ~F~se advise if I cnn be of further assistance. Ronald NIno,AICP Current Planning Mannger DEC 11 2001 c] Exhibit 8 Page 2 of 4 Phone (941) 403-2400 Fax (941) 643-6968 MEMORANDUM DATE: TO: FROM: RE: July 27, 2001 Susan Murray, AICP, Current Planning Manager Patrick G. White, A~i~tant County ~y~/~ We~view Plaza PUD Ordinance 83-45 - Permissible Use RLS It PLS 01 (362107 You have inquired es to whether ae no~ the u? des _c~.bed in the ~ lea. er ~ ,June 5, nf ~ha referm~ced PUD Ordine/lca. your mque~ was also conoerrma ?m w~m.um. ~',~+~:,~ion emvided bv staff (that the prop~ed use would be allowea es one mm was comparable to other uses permitted by nght ~n the district) was likewise . Based upon a thorough review of.al! relev~..nt PUD Ord,!~_n~e__ provisions, the pertinent communications between staff ana me spic,cant, as we, as an or~ite ins~ of the co,.,. _ this office is of the opinion that, as a matmr m law, tne ~nmrp and opinion oct PUD Ordinance Furtrmrmore, trim omce can nna rrna'rog trm~ with the subj · Ware the conclusion that the staff interpretation rendered, and opinion expresses, legally incorTecL Specifically, this office is of the opinion that there w~ no leg~ .~rror in..~t~., h~vi? concluded that PUD Ordinance Secti..on 2.2.a.25., when reacl tn_como~naaon..wnn Subparagraph a. 47., of the PUD_ Ordinance a!lowed..the u~_~_an~...._l~_ a?e~~ estview PUD Base<] upon (mservauons maas au.rrd . proposed for lyre W · ' .......... wnicn visit to the four separate locations where the developer nas ~ta current operaa~ are sub~ally similar to'what is ~ proposed to be performed at the Westview PUD site, if conetru~tecl) there i8 then ample facRual support for e4Jaffs prim sufficienlly 'compmlblo in netum' to the high technology prea$~ . uses' allowed by right in the PUD distrioL An m.mh, the proposes uses ~ nm wrongfully conNdered to be 'compatible' by ,taft. Thio conclusion is bolstered by tine fact that the off-No impacti m. ising (lik~tn the ctxrent operations being perform_, ed by the developer', company are nO_mOre are likely la~ intense ~an. those reasonably to be anlicipate~ from a r~gn prect ....... -,--. · -- ,- ,--- ~ ,,-,,-~-~ 'manufacturing' is a~tually more in · m and assembl tlen. TM on-going, aha .. , cutting, punching, and ddlling to a'eete the tine, ~-., ,-'-'----, Exhibit DEC 1 1 2001 Page 3 of 4 Should you require further assi~ in this mattm', plee~ ,dvi~e. David C. Weigel, County Attorney John M. Ounnud< Ill, Intl~i.m Ad_min!__st?_°~'__,_i Services Division Community Development anCl ~nvlronme-w ^C,F.~ A I~u DEC 11 2001 ;,. Exhibit 8 Page 4 of 4 .... ~- ~'c~. ~ ~ ~i TOO A=31,~IO~U /,INI'~- EXECUTIVE SUMMARY VA-2001-AR-1166, AVI BARON, REPRESENTING MONTCLAIR FAIRWAY ESTATE BUILDING CORPORATION, REQUESTING AN AFTER-THE-FACT VARIANCE OF 2.3 FEET FROM THE REQUIRED 5 FEET TO 2.7 FEET FOR PROPERTY LOCATED ON 797 PROVINCETOWN DRIVE, FURTHER DESCRIBED AS LOT 29, MONTCLAIR PARK NORTH, IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The petitioner requests a 2.3-foot after-the-fact variance fi.om the required 5-foot side-yard setback to 2.7 feet, for a single-family house. The petitioner wishes to remedy an encroachment caused by an incorrect survey on a single-family house used as a model. The Building Review & Permitting Department issued a building permit for the house on February 17, 2000 with correct setbacks noted on the site plan. The spot survey was submitted and approved showing the correct setbacks. The house received a Certificate of Occupancy on September 22, 2000. The property was resurveyed and the error on the first survey was discovered. This encroachment is the subject of this variance. An alternative remedy to the encroachment, a lot line adjustment with the neighbor to the east, appears to be possible. A lot line adjustment is an administrative process, which would cause the relocation of the side yard to a point at which the structure complies with the setback requirement. The Planning Commission encouraged the petitioner to talk to the neighbor to the east about a lot line adjustment. A letter of objection from the neighbor to the east (the neighbor most affected) was received. In addition, he spoke at the Planning Commission meeting. DEC 1 1 2001 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change thc requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition at its November 15,2001 meeting. They heard testimony from the property owner and the affected neighbor. The discussion among the Commissioners concerned the best way to encourage the petitioner and neighbor to reach an agreement on a lot line adjustment. The alternatives were a continuance with the petition being reheard by the CCPC, or a recommendation of denial. The CCPC voted 9 to 0 to forward petition V-2001-AR-1166 to the BZA with a recommendation of denial. 2 DEC 11 2001 PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this after-the-fact variance. There are no ameliorating factors existing for the encroachment (and with the house 2.7 feet fi.om the property line, it does not appear that an effective landscape buffer could be planted). Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2001-AR-1166 to the BZA with a recommendation of denial. PREPARED BY: FR~._~ISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: .~SAN MURRAY, CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: DEVELOPMENT & E~O~NT~ SERVICES executive summaryNA-2001-AR-I 166 DEC 11 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMLrNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 17, 2001 SUBJECT: PETITION VA-2001-AR-1166 AGENT/APPLICANT: OWNER: AGENT: Montclair Fairway Estate Building Corp. 1400 Gulf Shore Boulevard, Suite 223 Naples, FL 34102 Carol E. Nelson, PLS 3871 White Boulevard Naples, FL 34117 REQUESTED ACTION: The petitioner requests a 2.3-foot after-the-fact variance setback to 2.7 feet, for a single-family house. from the required 5-foot side-yard GEOGRAPHIC LOCATION: The subject property is located at 797 Provincetown Drive within the Glen Eagle subdivision. DEC 11 2001 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to remedy an encroachment caused by an incorrect survey on a single- family house. The Building Review & Permitting Department issued a building permit for the house on February 17, 2000 with setbacks noted on the site plan. The spot survey was submitted and approved showing the correct setbacks. The house received a Certificate of Occupancy on September 22, 2000. The property was resurveyed and the error on the first survey was discovered. This encroachment is the subject of this variance. SURROUNDING LAND USE AND ZONING: Subject: Single-family house; zoned PUD Surrounding: North - East - South - West - Tract "P" preserve; zoned PUD Single-family house; zoned PUD Provincetown Drive ROW Embassy Woods Boulevard West ROW HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infi'astrucmre, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: 2 I DEC 11 2001 bJ Ce de Are there special conditiOns and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The home was designed to fit on the lot. A surveyor's error resulted in the encroachment. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The house was configured on the lot as a result of a surveyor's error. The encroachment was not caught at the spot survey stage, because the survey itself was in error. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. The house could have been configured to fit on the lot, even with the correct survey. Removal of the encroachment may result in a financial hardship on the property owner, however a financial hardship is not typically a justifiable reason to grant a variance. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A house of a size, which meets the required setbacks, would be a reasonable use of the land. However, the requested variance is the minimum required to remove the encroachment, as requested by the petitioner. An alternative remedy to the encroachment, a lot line adjustment with the neighbor to the east, appears to be possible. A lot line adjustment is an administrative process, which would cause the relocation of the side yard to a point at which the structure complies with the setback requirement. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller side yard than the minimum required in the Bretonne Park PUD. Will granting the variance be in harmony with the general intent and Land Development Code, and not be injurious to the neighborhoc detrimental to the public welfare? ~urpose of this I. or oth~r~vlco DEC 11 2001 ho No, this variance will allow the house to remain closer to the side lot line than other houses in the PUD. If the neighbor to the east decides to construct an addition, he could build to within 5 feet of the common property line. If that scenario occurs, the resulting separation between structures will be 7.7 feet. That would be injurious to the neighborhood since the required separation in the rest of the neighborhood is 10 feet. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The house is, at its closest point, 2.7 feet from the property of the neighbor to the east. The neighbor's house is farther than the required minimum of 5 feet, however, he could construct an addition to within 5 feet of the common property line. The 2.7-foot side yard of the subject house is not wide enough to plant a significant landscape buffer. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this after-the-fact variance. There are no ameliorating factors existing for the encroachment (and with the house 2.7 feet from the property line, it does not appear that an effective landscape buffer could be planted). Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2001-AR-1166 to the BZA with a recommendation of denial. Ac.,rt. uO A ~ DEC 11 2001 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOI-I~ M.'D~CI~ lII DATE n,~TVUM COMMUNrrY DEVELOPMENT & E~O~~ SEe. VICES ADMINISTRATOR Petition Numbec. VA-200 I-AR-I 166 Collier]County~,~,jl ~(~J Planning Co~_ ~n: ~ JOYCEA~A J. RAUTIO, ~ DEC 11 2001 s Pg. C~ 7-£9-26 VA-2001-AR-1166 MONTCLAIR FAIRWAY ESTATE BUILDING CORP. PROJECT ~2001070022 VARIANCE PETITION (VARI~CE FROM S~TBACK (S) l~Ql. rllt~ FOR A I~R~IC~'LAR ZONINO DISTRICT) petition No. Commission Dislrict: _ Date Petition Receivcd: BY STAFF fatNERAL INFORMATIOI~!: Petitioner's Name: P~fitione. r'$ Address: M3NTGLAIR FAIRWAY .F_ffgA~ BUILDING 1400 Gulf Shore Boulevard North 223 Naples~ Florida 34102 Telephone: (941) 2kl-T1 1 7 Asent'sName: Carol E. Nelson, PIS 3871 ~ite Boulevard Naples, Florida 34117 Telephone:(941) 304-0055 A~plicatioo [or Variance Petit/on - 8~8 AC, E. NDA L~J~ _'7.-0_ DEC 11 2001 COLLIER COUNTY COMMUNITY DEVELOPI~ENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 3410~ PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for ~1] Association(s) sffilisted with this petition. (Provide addition,~ sheets ifncccnm3') blame ofHom~' AssoclstlO.: Montclair Mailing Addmss 1400 Gulf Shore Blvd.N Fairv~y Rstst~ ~~ City__Naples Stst~ FL Zip3_~ul~ Name of Homoowner Association: Mailing Address City State ~ Zip. Namc of Homeowner Association: Mailing Address City State Zip NsmeofMssterAssociaflon: Glen Ea~le Golf and Country Club Master Assoc. MailingAddre~ Glen Eagle_ Riva. City N~pl~_.q State .m. Zip 34104., Name of Civic Association: Mailing Address City State Zip __ pROP.~RTY D~SCRIPTION: Legal Description of Subject Property.: Glen Eagle-Golf and ~ntry Clu~Lot(s)- 29 Subdivision: Section ,~' Twp. ~ RanSe · 31oek (s) H ~o __P~ I.D. # ' '=" ~ / Metes & Bounds Description: Ai)plhmfion for Varlnnem PefJtlon - ~ Page 2 AC.~mOA I~ as DEC I 1 2001 Address of Subject Property: 797 ~ diff~ f~n P~i~oner's Current Zoning and Land use of Subject Parcel: S in~ 1 e Family Home Adjacent ~oning & Land Use: N $ Single Fomilv Hixaes Minimum Yard Requirements for Subject Property: Front: Com~rLot~ Y~s ~ No I=-1 Side: Watwl~ntLot: Yes E~ No F~ Re,~r: 15t Application for Vmrt~nee Petition - g/ga Pa~e: DEC 11 2001 LPg,. ~I, Mnre of Petition Provide a detailed explanntion of the requ~s~/nclud/ng what ~ructures a.~ existing and what is proposed; the amo~mt ofencroaclnnent proposed us/nE numbers, i.e. roduc~ front s~tback from 25' to 18'; when l~operty owner purchased properS; when existing principal structure wa~ built (include b~ilding permit nurnbe~ (s) if possible); why encroachment is nece~ary, how existing encroachmcmt came to b~; ©tc. Survey mistake- - I4nn~ h,i l ~ ~n~-li,~ in survey. Later found to be ~on~ setting. the ~unty. ~e mistake ~e~c~ to be in Application] fer Varieace Pefltioa - 8/9~ Pag~, DEC 11 2001 Board of zomng Appel, ~1 that the Bo~d of zon/~g ~ls sl~ll be ~dded i~ its determ.r, atio~ to app~ve or d~y · variance pet/tion by the below listed ~rtteria (1-8). (Flesse address th/s cr/terla using; additional pages if 1, ~ there sp~ial cond/~m and ctr~tn~ances exist/nS which a~e peculis~ M the location, ,~ize and characm~tics of the land, su'ucture, or building involve~i. Are there special condi~io~s ~d circumstsnccs which do not wsuJt fro~ the action of the ~4~pi' :ant such ~s pre-existing co~lition~ ~iati~c to the proper~ which is the subject of thc v~isnce req :est. House built 1 information. It was certified for the County and __ later founH to bm wron~. 3. W/11 a l/l~rral interpretation of th~ provimom of this zonin~ code work unnece__~'~vy n~l undue hn~dnh/p on th~ applicant or cre~e practical d//Ttc~fles on the npplicanL Will the variance, if granted, be Ole r~imura variance that will make possible thc rcasomib.~c use of the brad, Imlldtng or structure and which promot~ standards of he. aid2, safcW of welfare. Yes Application for Vlflanee Petition - 8~8 DEC 1 1 2001 Will Ip'antin$ ~h, variance req~d confer on th, petitiouer any specie] pt/vikg¢ tha~ is denied by Will 8Zanl~.t~8 the varfance be in harmony with thc. intent and puxposc of this zoning cxxle, end not bc iqjurim~s to tb~ neighborhood. ~ othcrwi$c dct2mmml to the public welfm~ Yes A_re thc~z natural conditions or physically induced con~ibons tlmt mmliorete the goals end oSjective~ of thc r~gulntion such as netu~! No $. Will grant/rig the variance be comistem ~vtth the growth management pina. Yes Application for Virlauce Petition DEC 11 2001 a~re---t'he o~mers of the property de~crtbe'~ herein and which i~ the .~4bj,~'t matter of tAe proposed he~ring; that all the answers to the questton~ in t~tg uppZicationo inclnding the di~cl(~ure of inter~t information, all sketche~, data, and other suplolementar)' matter attached to and made a part of this ,2pt:lioatiot~ are hon~t and true to the be~t of our knowledge and belief. Nre/2r under~tand that the tnformatian reque, ste. d on this apph'catton mugt b~ complete and accurate ancl that .'.he content of thL~ form, ~4,Aeth~r computer generated or County printed shall not be alterexL Public hearing~ v.~ll not be advert~ed until this application is deemed complete, and all required information ha~ been submitted. Az propers, owner We/I J}ttnher authorize to act as our/my rct~re-r~ntative in any matters regarding this Petition. ~o~l~ro~p~ ~n ~~r~ Signature of Propgrty Owner 13q~ed or printed Name of Owner Typed or Printed Name of Owner -t9~ by _L~ X2/dL~t~o~. - ~" ~'~' ~ ~ m~ Or ha~ produced a~ identification. State qf'Florida Count)' of Collier c~,~ ~ ~'a,~ure of No~'y P~J~li~ - Stat~ of I"-o~.° ~u~.~' :.~-::e of Notary. Put,ac) Application for Variance Petition - 8/98 A(~=.NDA ITl:~ No. , DEC 11 2001 Division of Corporations Florida Department of State, Division of Corporations Florida Profit MONTCLAIR FAIRWAY ESTATES BUILDING CORPORATION PRINCIPAL ADDRESS 1400 GULFSHORE BLVD.//223 NAPLES FL 34102 Changed 04/29/1997 MAILING ADDRESS 1400 GULFSHORE BLVD. #223 NAPLES FL 34102 Changed 04/29/1997 Page 1 of 2 Document Number P96000090586 State FL FEI Number 650706789 Status ACTIVE Date Filed 11/04/1996 Effeetive Date NONE Registered Agent Name & Address PAULICH, JOHN m 801 ANCHOR RODE # 203 NAPLES FL 34102 Name Chan_tn~d: 03/06/2000 Add~ss Chan.~ed: 03/06/2000 Officer/Director Detail Name&Address Il Title BARON, AVl 1400 GULFSHORE BLVD. #223 NAPLES FL 34102 DEC 11 2001 /.,,r~, ~..,.9~ ~ =D~Tlell ~n 1 =P96000090586&n2=NAMFWD&n3=0000&n4=N&rl =&r2=l 0/26/2001 /vision of Corporations Page 2 of 2 Annual Reports No Events No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT AGENDA DEC 11 2001 .../cordet.exe?al=DETFiL&nl=P96000090586&n2=NAMFWD&n3=OOOO&n4=N&rl=&r2 10/26/2001 CURVE 1 R=130.00' D=OB'42'50" A=19.77' C=19.75' CB=SBB'O3'50"E CURVE 2 R=20.O0' D=9197'05" A=31.B6' C=2B.60' CB=S38'O2'22"E CURVE 3 R=1030.00' D:04'23'26" A=78.93' C=78.91' CB=NO5'24'28"E 1 FOUND MONUMENT C3 $1.4' I FOUND I I / I i 1 / FOUND #840 C2 TRACT "P" LOT 29 NOTES: ADDRESS: 797 PROVINCETOWN DRIVE FLOOD ZONE "X" PANEL NO. 120067 0415 D. BASIS OF BEARINGS NORTH PLAT LINE N89'49'44"E. P=PLAT, M=MEASURED, C=CALCULATED UE=UTILtTY EASEMENT, PE=POOL EQUIPMENT ~.=CENTER LINE, WM=WATER METER R/W=RIGHT OF WAY Mar. ~0. lqq~ Dat~ of 5~rvay, Foundation 3/14/00 Th/5 ~urv~y I~ c~rtlfled to, Final Survey ~/51/00 Rec~rtify 10/02/00 ~ON ~ANT~5 t' = 20' Project No. MNOLPK2q ~s ~o. ~3D_. ~._47 Job NO. LEGEND · 5ET ~OH PIN W/C~P r-ND. ~ON P~ A ~wgr ~ NOT VALID UNLE55 ~ ~ ~ EMDObSED WITH hEAL 44.0' COVERED CONCRETE 44.0' o. ONE STORY CONCRETE BLOCK h5. o' 20.0' -- ,CON CR~TE Legal [?¢scription; LOT 2~. MONTCLAII¢ PARK NORTPl recorded in P/et Book 1~. Poge 2ct mhd 30 o? the Public ~mcords o£ Oolller 6ounty. FIorido. · [ FOUND FOUND #840 FOUND //840 LOT 30 FOUND ~4o C1 PROVINCETOWN DRIVE (so' LAND SURVEY I ttEREB)' CERTIFY that m ~urvey ~o~ done under my direction end meet~ the Minimum Technicel 5tmndmrds ~ per Chepter G1017-G FmA.C. Certi~icmtlon i5 only for the lend5 o5 described. It ~ not m c~rti~icotion of Title. Zoning. Ee~ement5 or Freedom ~c- [ncumbrmnces. Abstract not reviewe~ 5ubject to e~sements, restrictions ~d reser~t~ons of record. ~ ~ C,roi ~. Ne~O~PmL.~.- I~ 3871 White Oou/evord I C~1~ ~0~-006~ Office DEC 11 2001 James V. Mudd 787 Provincetown Drive Naples, Florida 34104 14 October 2001 Mr. Fred Reischl Principal Planner Planning Services, CDES Division 3301 East Tamiami Trail, North Horseshoe Naples, FL 34112 Dear Mr. Fred Reischl, I am writing this letter to object to the petition for a variance, VA 2001-AR 1166, by Mr. Avi Baron of Montclair Fairway Estates Building CP, the owner/builder of the adjacent lot to my home. The house on lot 29, which is being used by Mr. Baron as a model, is in total violation of the setback rules of the LDC, in this ease a 5-foot setback fi.om the adjacent property line. This entire house violates the setback starting at the fi'ont right side of the house, where it infiinges the setback by inches, and it gets worse as one moves along this side toward the rear of the house, where it infiSnges the setback by some two and a half feet. In the rear of the model house on lot 29, when one opens the model side lanai screen door, the door breaks the plain of the property line. Property could be purchased that would alleviate the need for seeking this variance. I have attached a sketch of the setback violation for your use. Sincerely, DEC 1! 200I 6-21-2el 2 = 57PN ~ P. ! LOT 29 FOUND 5/8 0 7 5.1 278-SQ FT 'O. 2' VALLEY EDGE ELEC. ~/a aoo ~4o r~ C.~ GUTTER OF PA, VFMFNT FOUNDATI( EL=101'.t~ DEC 11 2001 2..J RESOLUTION NO. - RELATING TO PETITION NU-MBER VA-2001-AR-1166 FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED 1N COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 2.3-foot after-the-fact variance from the required side yard setback of 5 feet to 2.7 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition V-2001-AR-1166 filed by Carol E. Nelson, PLS, representing Montclair Fairway Estates Building Corporation, with respect to the property hereinafter described as: Lot 29, Montclair Park North, as recorded in Plat Book 18, Pages 29 and 30 of the Public Records of Collier County, Florida be and the same hereby is approved for a 2.3-foot after-the-fact variance fi.om the required side yard setback of 5 feet to 2.7 feet as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following conditions: AOmENOA ITEM~ DEC 11 2001 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Develop.ment Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-1166 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., Chairman Approved as to Form and Legal Sufficiency: Mmjor~ M. Student Assistant County Attorney DEC 11 2001 CURVE 1 R=150.00' D=08'42'50" A=lg.7T C=19.75' _ ~= S88'03'50'E CURVE 2 R=20.O0' D=91~7'05" A=51.86' C=28.60' CB= S38"02'22"E CURVE R=1050.00' D=O4'2Y26" A=78.93' C=78.91' CB=NO5'24'28"E IFOUND TRACT "P' FOUND ~¢840 ' C5 b I I FOUND ~ (/,840 51.4' FOUND MONUMENT FOUND ~840 C2 #840 LOT 30 COVERED ~. CONCRETE 44.0' Legal Description, LOT 2q. MONTCLAII~ PAleR NOI~TM recorded in Plot Oook ~. 2q mad ~0 of the Public Records o~ Collier Go~ty. ~lorlde. ONE STORY CONCRETE BLOCK r'~ NOTES: ADDRESS: 797 PROVINCETOWN DRIVE FLOOD ZONE "X" PANEL NO. 120067 0415 D. BASIS OF BEARINGS NORTH PLAT LINE N89'49'44"E. P=PLAT, M=MEASURED, C=CALCULATED UE=UTILtTY EASEMENT, PE=POOL EQUIPMENT ~_=CENTER LINE, WM=WATER METER R/W=RIGHT OF WAY Mar. 30. 1-qCl~5 Date of' Survey, Foundation 3/14/00 This survey is certified to, Final Survey ~/31/00 Recertify 10/02/00 VINTAGE UNION PLANTER5 Scale, 1' = 20' r,...~o. _o_'~_-'. ¥.-_Z~ 'o. q5140 LEGEND · 5ET RON f~l w/c.,~P o F~. ~ ~ NOT VALID UNLESS ~ O~ ~ EMBOSSED WITH SEAL COPY~I~T lqq~. BY CA~ E. NEL5~. P.L.5.. ALL RI~T5 ~ES~VED. 20.0' .CONCRETE FOUND #84O FOUN~ #8~ ,~ C1 PRO VINCETOrYN DRIVE (~o' R/w) LAND SURVEY I hEREBY GEf~TIFT thmt m survey don~ under my drectlon end moets the Mmtmum Tochnlcml 5tmmdmrds ms per Ohmpter G1017-G F.A.G. Certificetton i~ only for ~he lends es described. It is not o certificmtion n£ Title. Zoning. Eo~emmnts or Freedomrr~om Encumbroncos. Abstroct not 9ubject to e~¢ement~, re~rlctlon~ ~nd ~7~ ~hlte ~v~rd 6q413 504-0055 Off, ce C~4~ ~04-0047 ~c~imile EC 11 2001 EXECUTIVE SUMMARY ADOPT THE 2001 COLLIER COUNTY WASTEWATER MASTER PLAN UPDATE, PROJECT 73066 ~ Address infrastructure needed to support growth patterns in Collier County for the next five- and 20-year planning horizons; to look-ahead at growth-related issues for next twenty years; and approve the recommendations made in the 2001 Wastewater Master Plan Update presented to the Board on November 28, 2001 as Agenda Item 2(B).. CONSIDERATIONS: Larger and new wastewater facilities are required to meet anticipated growth. Reclaimed water improvements are recommended to provide a more reliable source of irrigation water. Water and wastewater service area boundaries need to be expanded in the next five years. Recommended capital improvements for wastewater and reclaimed water are estimated to be $300 million over the next five years (2002 to 2006) and $543 million over the subsequent fifteen years (2007 to 2021). The recommended capital improvements are being considered as the basis for impact fee and user rate studies. The cun'ent Wastewater Master Plan xvas last updated in 1997, with subsequent revisions made in 1998 and 2001, which identified infrastructure needs to meet growth anticipated through 2006. However, phenomenal growth has taxed wastewater infrastructure, in particular the North County Water Reclamation Facility (NCWRF), which received wastewater flows exceeding its peak treatment capacity during the peak tourist season early this year. The 2000 Census recognized Collier County as the second fastest growing area in the United States. Because of high wastewater flows, the Florida Department of Environmental Protection (FDEP) placed the NCWRF under a consent order in April 2001, with one of the requirements of the consent order being to update the existing Wastewater Master Plan by October 1, 2001. The 2001 Wastewater Master Plan Update was submitted to FDEP on October 1,2001. On May 8, 2001, under Agenda Item 16(C)3, the Board approved Work Order GH-FT-01-1 (Contract 00-3199) with Greeley and Hansen LLP for engineering services related to the 2001 Wastewater Master Plan Update. Greeley and Hansen LLP completed all the tasks and has submitted the 2001 Update to the Wastewater Master Plan. The 2001 Wastewater Master Plan Update incorporates the findings of the Wastewater Resource Planning Report. The Board authorized the Wastewater Resource Planning Report on May 25, 1999, agenda item 16(B)(10), as Work Order CDM-FT-99-6 to Camp Dresser & McKee, Inc. (CDM). Under the original work order, CDM was to develop alternatives to balance seasonal demands for reclaimed water irrigation with available supply, identify necessary capital improvements, and develop a finance plan. On September 28, 1999, agenda item 8(B)(5), the Board heard an Interim Report of Reclaimed Irrigation Water Resource Planning Issues and Peak Irrigation Demand. The Board authorized staff to develop supplemental irrigation supply water sources to provide a more reliable irrigation service to reclaimed water reuse customers during dry weather. Staff directed CDM to provide 0£C 11 2001 Executive Summary Adopt 2001 Wastewater Master Plan Update Page 2 of 4 additional engineering services to incorporate supplemental water supply sources into the Wastewater Resom'ce Planning Report. The 2001 Wastewater Master Plan Update was presented to the Board's Development Services Advisory Committee (DSAC) on November 7, 2001 and the DSAC's Utility Subcommittee on November 14, 2001. The Update was also presented to the Collier Building Industry Association (CBIA) on November 6, 2001. Staff will be again going to the DSAC on December 5, 2001 to clarify any issues they have. It is anticipated that the position of the DSAC regarding the 2001 Wastewater Master Plan Update will be presented to the Board on December 11, 2001. Copies of the 2001 Wastewater Master Plan Update and the Wastewater Resource Planning Report are available for viewing at the Collier County Public Utilities Engineering Department. FISCAL IMPACT: The 2001 Wastewater Master Update recommends system improvements that will require the allocation of funding for capital projects in future years. These improvements are summarized as follows: 5-Year (2002-2006) Capital Improvement Proiects Wastewater: Recommendations total approximately $268 million over the five-year period. This includes the following major projects and estimated costs: Design and construction of the North County Water Reclamation Facility (NCWRF) Expansion to 24. l-mgd Maximum Month Average Day Flow (MMADF) -- $40,320,000. · Design and construction of the NCWRF Flow Equalization Basins -- $6,562,000. · Design .and Construction of Deep Injection Wells at the NCWRF -- $14,325,000. · Design and construction for the South County Water Reclamation Facility (SCWRF) Expansion to 16-mgd MMADF -- $47,645,000. · Design and construction of Deep Injection Well at the SCWRF -- $4,550,000. · Design and construction of North/South Service Area Sewer Interconnects -- $5,704,000. · Land acquisition, design and construction of the proposed Northeast County Water Reclamation Facility -- $14,700,000. · Land acquisition, design and construction of the proposed East Central Water Reclamation Facility -- $15,000,000. · Land acquisition for the proposed Southeast Water Reclamation Facility -- $4,000,000. Reclaimed Water: Recommendations total approximately $32 million over the five-year period. This includes the following major projects and estimated costs: · Design and construction of the Golden Gate Canal Supplemental Water System -- $4,385,000. D -c 1i ZOO1i Executive Summary Adopt 2001 Wastewater Master Plan Update Page 3 of 4 · Design and construction of additional Aquifer Storage and Recovery (ASR) Reclaimed Water Wells -- $5,545,000. · Design and construction of North/South Service Area Reclaimed Water Interconnects -- $5,215,000. Design and construction of Pelican Bay Fire/Irrigation Water System Improvements -- $5,580,000. 20-Year (2007-2021) Capital Improvement Proiect~ Wastewater: Recommendations total approximately $498 million over the fifteen-year period This includes the following major projects and estimated costs: · Improvements to the North and South County Water Reclamation Facilities · Design and construction of the Water Reclamation Facility Interconnects · Design and construction of expansions to the proposed Northeast, East Central and Southeast County Water Reclamation Facilities. Reclaimed Water: Recommendations total approximately $45 million over the fifteen-year period. This includes the following major projects and estimated costs: · Design and construction of the Supplemental Reclaimed Water Facilities · Design and construction of additional Aquifer Storage and Recovery (ASR) Facilities · Design and construction of Reclaimed Water Transmission Mains Wastewater system capital improvement funding is provided through a mix of impact fees, long- term bond financing, and state revolving fund loans. To ensure adequate funding, the impacts of the recommended project expenditures are included in the impact fee and user rate fee studies. GROWTH MANAGEMENT IMPACT: Per capita sewer flows used in the 2001 Wastewater Master Plan departs from the current Level of Service Standard (LOSS) in the County's Comprehensive Growth Management Plan as follows: Current LOSS 2001 WW Master Plan Update LOSS North Sewer Service Area, 145 145 gallons per capita per day' South Sewer Service Area, 120 100 gallons per capita per day New Sewer Service Areas, __ 120 gallons per capita per day' " AC~.. N O ~ IY£M .o._ DEC 11 2 G1 Executive Summary Adopt 2001 Wastewater Master Plan Update Page 4 of 4 The decrease in the South Service Area LOSS reflects the actual measured wastewater flows and the 2000 Census population for the South Service Area. The LOSS in the County's Comprehensive Growth Management Plan is recommended to be changed accordingly. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the 2001 Wastewater Master Plan Update and direct staff to adjust the Level of Service Standard (LOSS) in the Growth Management Plan accordingly. PREPARED BY: ~/ ' .,'~ ~'~-,-- Date: Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department tot REVIEWED BY: Jo~.zneatham, Wastewater Direc Public Utilities Division Date: REVIEWED BY: d/~-'"7'/'5) ~--~-t4/~-''--''-''''- Roy B'. Anderson, P.E., Director Public Utilities Engineering Department APPROVED B Y ~Fho m~s~G.~Inte fi~~ A'~d'm i~ Public Utilities Division Date: Date: DEC 1 12001 EXECUTIVE SUMMARY ADOPT THE 2001 COLLIER COUNTY WATER MASTER PLAN UPDATE, PROJECT 70070 OBJECTIVE: Address infrastructure needed to support growth patterns in Collier County for the next five- and 20-year planning horizons; to look-ahead at growth-related issues for next twenty years; and approve the recommendations made in the 2001 Water Master Plan Update presented to the Board on November 28, 2001 as Agenda Item 2(A). CONSIDERATION: Larger and new water facilities are required to meet anticipated growth. Water and wastewater service area boundaries are anticipated to expand in the next five years. Recommended capital improvements are estimated to be $159 million over the next five years (2002 to 2006) and $765 million over the subsequent fifteen years (2007 to 2021). The recommended capital improvements are being considered as part of impact fee and user rate studies. The cun'ent Water Master Plan was last updated in 1996, with subsequent revisions made in 1998 and 2001, which identified infrastructure needs to meet growth anticipated through 2006. However, phenomenal growth has taxed the existing water infrastructure. The 2000 Census recognized Collier County as the second fastest growing area in the United States. On May 8, 2001, under Agenda Item 16(C)3, the Board approved Work Order GH-FT-01-1 (Contract 00-3199) with Greeley and Hansen LLP for engineering services related to the 2001 Water and Wastewater Master Plan Updates. Greeley and Hansen LLP completed all the tasks and has submitted the 2001 Water Master Plan Update. The 2001 Water Master Plan Update includes recommended operational standards. A summary table is provided below comparing the current and the recommended minimum operational level of service standards given in the 2001 Water Master Plan Update. ' Operational Standard Current Recommended Fire Flow demand in gallons per minute (gpm) Residential Non-residential Flow Peaking Factors over Annual Average Daily Demand Peak Hour Maximum Day Minimum Day Maximum Month Minimum Transmission Mains pounds per square inch (psi) Peak Hour Flow Maximum Day with Fire Flow Pressure in 500gpm 750gpm 2.6 1.5 0.5 None 50psi 40psi 500gpm 750gpm 2.6 1.3 0.5 1.2 50psi 40psi A C~ ~_{;) A ITEM !5, DEC 1 1 2001 Executive Summary Adopt 2001 Water Master Plan Update Page 2 of 3 The 2001 Wa~.ter Master Plan Update was presented to the Board's Development Services Advisory Committee (DSAC) on November 7, 2001 and the DSAC's Utility Subcommittee on November 14, 2001. The Update was also presented to the Collier Building Industry Association (CBIA) on November 6, 2001. Staff will be again going to the DSAC on December 5, 2001 to clarify any issues they have. It is anticipated that the position of the DSAC regarding the 2001 Water Master Plan Update will be presented to the Board on December 11, 2001. Copies of the 2001 Water Master Plan Update are available for viewing at the Collier County Public Utilities Engineering Department. FISCAL IMPACT: The 2001 Water Master Update recommends system improvements that ,,','ill require the allocation of funding for capital projects in future years. These improvements are summarized as follows: 5-Year (2002-2006) Capital Improvement Projects. Water: Recommendations total approximately $159 million over the five-year period. This includes the following major projects and estimated costs: · Design and construction of the South County Regional Water Treatment Plant Expansions to 20 mgd Maximum Month Daily Demand (MMDD) -- $42,350,000 · Land acquisition for the proposed Northeast Water Treatment Plant -- $4,054,000. · Design and construction of three additional supply wells at the NCRWTP -- $4,340,000 · Desi~on and construction of new transmission mains -- $14,879,000 · Design and construction of water transmission main relocations -- $11,697,000 · Purchase and installation of automatic meter read equipment -- $6,597,000 · Well replacement program -- $2,600,000 · Reverse osmosis membrane replacement -- $ 3,072,000 · Design and construction of upgrades to existing water transmission mains -- $8,008,000 · Design and rehabilitation of existing water system -- $8,317,000 20-Year (2007-2021) Capital Improvement Proiects Water: Recommendations total approximately $765 million over the fifteen-year period This includes the following major projects and estimated costs: · Design, and construction of improvements to the water transmission system; Design and construction of two new regional water treatment plants; · Design and construction of two expansions to the new regional water treatment plants; and · Design and construction of two new well-fields. BEC ?.001 Executive Summary Adopt 2001 Water Master Plan Update Page 3 of 3 Water system capital improvement funding is provided through a mix of impact fees and long- term bond financing. To ensure adequate funding, the impact of the recommended project expenditures will be considered in the impact fee and user rate fee studies. GROWTH MANAGEMENT IMPACT: The current level of service standard (LOSS) of 185 gallons per capita per day is recommended to be continued to be used. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the 2001 Water Master Plan Update, approve the recommended operational standards, and direct staff to adjust the Level of Service Standard (LOSS) in the Growth Management Plan accordingly. PREPARED BY: REVIEWED BY: ~ '--'.-'7~ Date: / . Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department Paul Mattausch, Water Director Public Utilities Division Date: REVIEWED BY: Roy B,fAnderson, P.E., Director Public Utilities Engineering Department T om~a~s'G. Wides, Administrato Public Utilities Division Date: Date: ' ' AG£aDA ITEM DEC 11 2001 PG. '~ EXECUTIVE SUMMARY ADOPT PROPOSED WATER AND WASTEWATER IMPACT FEES OBJECTIVE: Board of County Commissioners adoption of a Resolution imposing water and wastewater impact fees to fund growth-related capital projects identified in the 2001 Water and Wastewater Master Plans. CONSIDERATIONS: Impact fees are used by Collier County to help fund necessary capital investment required to provide utility services to new population and related development. The Collier County Water-Sewer District has used impact fees to fund growth - related capital costs since 1978. The Board of County Commissioners established the current impact fees in August of 1998. They have been in place for slightly more than three (3) years. And were based on rather under-projected population figures which resulted in a undersized capital improvement/master plan. The County's exceptional growth in the past three (3) years, in conjunction with the expansion of the Water-Sewer District service area as contemplated in the Rural Fringe Area Assessment Conceptual Strategies indicates that certain proactive measures should be taken by the Board of County Commissioners in order to match capacity with future needs. Five of the proactive measures as they relate to Water-Sewer District services are on the Board's agenda today for approval. They are: · Updated Water Master Plan · Updated Sewer Master Plan · Impact Fee Study · Reuse Rate Study · Water and Wastewater Rates Study The master plan(s) recommend the addition of 34.8 million gallons per day of wastewater treatment capacity over the next nine (9) years. In addition, the plan(s) recommend 32 million gallons of water plant capacity over the same period. The capital costs allocable to future users through Fiscal Year 2011 is estimated at approximately $639 million. The Impact Fee Study Briefing Document (Impact Fee Consultants Executive Summary) attached is designed to establish water and wastewater impact fees at the maximum level allowed in accordance with equity tests established by the Florida Court systems. DEC 1 1 2001 The proposed impact fees were presented to the Board's Development Services Advisory Committee (DSAC) on November 7, 2001 and the DSAC's Utility Subcommittee on November 14, 2001. The Update was also presented to the Collier Building Industry Association (CBIA) on November 6, 2001. Staff will be again going to the DSAC on December 5, 2001 to clarify any issues they have. It is anticipated that the position of DSAC regarding the proposed impact fees will be presented to the Board on December 11,2001. The recommended impact fees in this agenda item and the recommended water/wastewater rates in the next agenda item are based on a January 1, 2002 implementation date. A delay in the implementation date for 90 days or more may require a change in the user rates since the proposed impact fees were identified as an additional source of funds for the financing of the capital improvement program. GROWTH MANAGEMENT IMPACT: The proposed Water-Sewer District impact fees are designed to provide adequate funding for water and wastewater capital improvements required if the proposed Water and Wastewater Master Plans are adopted. FISCAL IMPACT: The contemplated revenue to be generated by the recommended impact fees over the next five (5) years: Water = $54,246,380 Sewer = $54,515,531. $108,761,911 The proposed impact fees will have the following effect on residential and commercial structures: WATER SEWER Existinq $ 1,275.00 $ 3,188.00 $ 6,375.00 $ 10,200.00 $ 20,4O0.00 $ 31,875.00 $ 63,750,00 $114,750,00 $184,875.00 $274,125.00 Meter Proposed Size $ 2,740.00 3/~,, $ 6,850.00 1" $ 13,700.00 1-1/2" $ 21,920.00 2" $ 41,100.00 3" $ 68,500.00 4" $137,000.00 6" $219,200.00 8" $397,300.00 10" $589,100.00 12" Existinq $ 1 575.0O $ 3 938.00 $ 7 875.OO $ 12 600.00 $ 25 200.00 $ 39 375.O0 $ 78 375.OO $141 750.00 $228 375.00 $338 625.0O Proposed $ 2,840.00 $ 7,100.00 $ 14,200.00 $ 22,720.00 $ 42,6O0.OO $ 71,000.00 $142,000.00 $227,2O0.OO $411,8OO.OO $610,600.00 AGENDA ITEM DEC 11 2001 Pg. RECOMMENDATION: The Board of County Commissioners adoption of the attached resolution adopting the proposed water and wastewater impact fees with a January 1,2001 implementation. Joh,~ A. Yonkosk~-"D~irector ~ Util~ Billing and Customer Service Approved by: To~ Wides, Interim Administrator Public Utilities Date: JAY:pc AGEND~ ITEM DEC 1 1 2001 pg._~'~ Collier County Water and Wastewater System hnpact Fee Study EXECUTIVE SUMMARY AND RECOMMENDATIONS The purpose of an Impact Fee is to assign, to the extent practical, growth-related capital costs to those new customers responsible for such costs. To the extent new population growth and associated development imposes identifiable added capital investment necessary to provide utility services, equity and modem capital funding practices suggest the assignment of such cost to those residents or system users responsible for such added costs. The County has recognized this capital funding strategy for over 23 years on behalf of its County Water - Sewer District ("the System") as being an appropriate method of funding the increased capital requirements as a result of development within the service area of the System. The existing impact fees for the System were made effective by the Board of County Commissioners (BOCC) pursuant to the adoption of the Regional Water and/or Sewer Systems Impact Fee Ordinance, No. 98-69 on August 4, 1998. The impact fees adopted by the County pursuant to Ordinance No. 98-69 were subsequently amended by the adoption of the Collier County Consolidated Impact Fee Ordinance No. 2001-13 on March 13, 2001 (collectively the "Impact Fee Ordinance"). This ordinance essentially combined all of the County's applicable impact fees (e.g., roads, water, wastewater, parks and recreation, etc.) into a single ordinance for administrative purposes. It should be noted that the water and ~vastewater impact fees included in the hnpact Fee Ordinance are the same fees as initially adopted by the County pursuant to Ordinance No. 98-69. As such, the existing fees have been in effect for over three (3) years. The Impact Fee Ordinance sets forth the purpose of the fees, the level of fees charged to new applicants requesting water and wastewater capacity, and other parameters relative to the fee (general applicability provisions, etc.). A copy of the County's Impact Fee Ordinance for the water and wastewater systems is included in Appendix A at the end of this Report. In support of the implementation of new impact fees, the County has: i) continued to perform facility improvements and upgrades to the utility system; and ii) identified a significant amount of capital improvements to address anticipated utility system needs in the near future to meet future treatment standards and regulations, and to extend service to areas not currently served by the County. As a result of these identified capital improvements, the County retained Public Resources Management Group, Inc. ("PRMG") to review the existing fees and recommend appropriate changes to the fees where appropriate. The following is a summary of the observations and recommendations developed by PRMG during our investigation, analyses, and preparation of the Report. The imposition of impact fees must meet the rational nexus requirements as determined by case law whereby the benefits received by the applicant (new development) must be reasonably related to the capital cost of providing utility services. The proposed fees ES-1 DEC 1 1 Collier County Water and Wastewater System hnpact Fee Study o were designed to meet these provisions based on the information made available to PRMG. The existing Water Impact Fee is $1,275 per equivalent residential connection ("ERC") and was made effective by the County by the adoption of the Impact Fee Ordinance on August 4, 1998 and has been in effect for over three (3) years. An ERC represents the average daily capacity of an individually metered residential customer receiving ser¥ice through a 3/4-inch service, subject to limitations in house hold size (i.e.: square footage of the residence). Generally, a typical residence would equate to 1.0 ERC with all other accounts/development being expressed as a multiple of ERCs. The impact fees for service are applied on an ERC basis. The existing wastewater impact fee is $1,575 per ERC and was made effective by the County by the adoption of the Impact Fee Ordinance and has been in effect for over three (3) years. Pursuant to the Impact Fee Ordinance, the impact fees are applied to three (3) customer classifications. These customer classifications include a)individually metered single- family residential sen'ice (which recognizes differences in household size based on the number of bathrooms for the single-family residential dwelling unit and size [square footage] of the dwelling unit); b) multi-family residential service (e.g., duplex, mobile home, etc.); and c) non-residential or commercial service. The following is a summary of the fee application methodology for single family residential service as documented in the existing Impact Fee Ordinance: Up to 4 Bedrooms Living Area Basis of Fee Meter (Square Feet) Allocation Size ERC Impact Fee 0 to 5,000 Per Unit ~A" 1.0 $1,275 Water, $1,575 Sewer More than 4 Bedrooms Over 5,000 Meter Size/ Per N/A Based on Meter Per Unit Ordinance Size, $1,275Water $1,575 Sewer The impact fees for the multi-family dwelling unit is based on the number of dwelling units served by each meter and recognizes the size of the dwelling unit (square footage) in the determination of the ERC per dwelling unit. The following is a summary of the multi-family ERCs based on the demographics of each dwelling: ES-2 AC,~: ND A ITEM No. ~ ~ DEC 1.1 2001 Collier County Water and Wastewater System hnpact Fee Study Living Space Basis of Fee ERC (Square Feet) [1] Allocation [2] Factor 0 to 750 Unit 0.33 751 to 1,500 Unit 0.67 1,501 or More Unit 1.00 Iii [2] Derived from Impact Fee Ordinance; muhi-family attribute comparison does not include travel trailer, or recreational vehicle (RV) unit designations. Allocation basis for multi-family class includes a "per dwelling" unit or space designation with 1Mng space attributes based on published wastewater capacity information published by the Department of Health and Rehabilitative Services Chapter 17-600 Florida Administrative Code. o With respect to the commercial class, the fees are based on the size of the water meter, which recognizes differences in the amount of fee charged to an applicant based essentially on the premise that customers that require a greater level of capacity (increased level of service) are served by larger meters as demonstrated by the existing impact fee schedule is shown below: Meter Size ERC Factor Water Impact Fee Sewer Impact Fee V~ - inch 1.0 SI ,275 51,575 I-inch 2.5 3,188 3,938 1%. inch 5.0 6,375 7,875 2-inch g.o 10,200 12,600 3-inch 16.0 20,400 25,200 4-in ch 25.0 31,875 39,375 6-inch 50.0 63,750 78,375 g-inch 90.0 114,750 141,750 I O-inch 145.0 184,875 228,375 12-inch 215,0 274,125 338,625 ERC factors based on water meter capacity (instantaneous flow) information published by the American Water Works Association. Such factors are also used by the Florida Public Service Commission in the regulation of rates for private xvater and wastewater utilities in Florida. The Level of Service (LOS) standard utilized in the development of the impact fees is as follows: ERC Factor (gpd) Water Service 350 Wastewater Service 250 (gpd) = gallons per day - average annual daily use ES-3 AG£NOA IT(ill No. DEC 1 1 2OD1 PG., Collier CounO, Water and Wastewater System bnpact Fee Study The following is a summary of the sources considered in the analysis: Gallons Per Day Per ERC Source Water FPSC Rule 25-30.020 FAC FDEP General Design Standards 2001 System Master Plan (*) County Growth Management Plan County Regional Impact Fee Ordinance Wastewater 350 280 350 280 361 230 370 240 350 280 (*) Detem~ined as follows: Estimated Persons per Household Average Daily Flow (gpcd) Average Flow Per ERC 2.3 2.3 157 100 361 230 The County has undertaken a very aggressive capital improvement program to insure that adequate facilities exist to meet customer growth. Based on information contained within the draft 2001 Water and Wastewater Master Plan Update prepared by Greeley and Hansen, the County's Consulting Engineer, the following is a summary of capacity additions expected to be undertaken within the next nine year period for the water and wastewater systems: New Water Plant Capacity: South County Plant Expansion South County Plant Expansion Northeast County Plant Construction Total Capaciw Added (*) Plannin~ Period 8.000 2002-2006 12.000 2002-2006 12.000 2007-2011 32.000 New Wastewater Plant Capacity: South County Plant Expansion North County Plant Expansion North County Plant Expansion North County Plant Expansion Pelican Bay Plant Retirement Northeast County Plant Construction Northeast County Plant Expansion Southeast County Plant Construction East Central County Plant Construction Total 5.600 2002-2006 6.5OO 2OO2 6.500 2002 -2006 6.500 2007 o 2011 (1.300) 2007-2011 2.000 2002-2006 2.000 2007- 2011 3.000 2007-2011 4.000 34.800 2002 - 2006 (*) Represents maximum day capacity for water plants and maximum month capacity for wastewater plants through FY 2011. ES-4 AGENDA ITEM N0. ~ DEC 1 1 2.001 pr. Collier County Water and Wastewater System hnpact Fee Study 10. 11. The development of the capital costs included in the derivation of the impact fees was based on the improvements-driven method. Specifically, the fees were predicated on the estimated cost of the additional capital expenditures identified in the County's 2001 Master Plan Update, adjusted for construction work in progress as of the end of the fiscal year 2001 and to recognize the removal of certain projects not considered applicable to the impact fee calculations (e.g.: master plan updates). Such capital costs were allocated between existing and future customers based on the estimated benefit afforded to such customers predicated on the intent of the expenditures, existing and future capacity needs of the System, and other factors. The following is a summary of the capital cost allocation recognized in this study: Capital Costs (O00's) Allocable To: Existing Users Future Users Total Capital Costs Recognized Water Wastewater Amount Percent Amount Percent $ 87,699.7 26.8% $50,742.8 1 239,738.6 73.2 399,283.7 88.7 S322 4~3~. 3 100.0~0 5450,026 q 100.0% As can be seen above, approximately 82% of the total system capital costs identified in this study were allocated to future development. The existing Water and Wastewater Impact Fees do not adequately recover the identifiable cost of plant capacity and transmission line (backbone) capacity allocable to incremental customer growth. The County should consider adopting the proposed Water and Wastewater Impact Fees as presented in this report and shown below: Rate per ERC Water $2,740 Wastewater S2,840 12. 13. A summary of the proposed impact fees by customer classification is shoxvn on Table ES- 2 at the end of this summary. The recommended water system impact fee of $2,740 represents an increase of $1,465 or essentially a doubling of the existing fee. The recommended wastewater impact fee of $2,840 represents an increase of $1,265 above the current fee. Although the adjustments in the proposed fees are material, the level of fees charged is directly related to the anticipated capital improvement program of the County as identified in the 2001 System Master Plan Update. The following is a comparison of water and wastewater impact fees charged by other neighboring Florida counties for typical residential users. A more detailed comparison of ES-5 AG£ NOA~IT£I~ NO. ~ C.. DEC 1 1 2001 PG,.......~~~ Collier County Water and Wastewater System Impact Fee Study 14. 15. 16. the residential impact fees expressed on a per ERC basis (typical for residential impact fee) is included on Table ES-1 attached herein. Water (S/ERC) Wastewater ($/ERC) Combined ($/ERC) Collier Count3': Existing $1,275 $1,575 $2,850 Proposed $ 2,740 $2,840 $ 5,580 Other Neighboring Jurisdictions: Charlotte County S 1,518 $2,570 $4,088 Hillsborough County [ 1 ]: Northwest $2,275 3,150 5,425 Souttx~Central 2,185 3,265 5,450 Lee Count5' [2] 1,020 1,460 2,480 Sarasota County [2] 2,720 1,642 4,362 [ 1] Amount includes application of an Accrued Guaranteed Revenue Charges applied to new development of S2,250 per combined water and wastewater ERC. [2] Counties that are in the process of reviewing the current impact fees. As a result of the County's extensive ongoing capital improvements program relative to providing water service to its retail customers, the Water and Wastewater Impact Fees should be reviewed for adequacy not less than every two (2) years. The proposed impact fees should be adopted and implemented by the County as early as possible recognizing current capital projects underway in order to fully recover the cost of constructing nexv water and xvastewater facilities intended to serve nexv development. The proposed impact fee levels have been recognized in the capital finance plan being prepared by the County for its review of rates for se~'ice and the development of funding plans for the capital program. ES-6 DEC 1 I 2001 Table ES-2 (,oilier County Water, Waste~vater, and Reuse System Water and Waste~'ater System Summary Comparison of Existim! and Proposed Rates Line No. EXISTING WATER IMPACT FEE Meter Size 1 5/8" 2 3/4" 3 1" 4 1-1/4" 5 1-1/2" 6 2" 7 3" 8 4" 9 6" 10 8" 11 10" 12 12" Rates S 1,275.00 1,275.00 3,188.00 6,375.00 10.200.00 20.400.00 31.875.00 63,750.00 114,750.00 1S4.S75.00 274.125.O0 COST PER GALLON S 3.643 SEXVER 13 14 15 16 17 18 19 20 21 22 23 24 25 IMPACT FEE CHARGE Meter Size 58" 34" ]" 1-1/4" 1-1/2" 2" 3" 4" 6" 8" 10" 12" COST PER GALLON Rates $ 1.575.00 1,575.00 3.938.00 7.875.00 12,600.00 25.2OO.OO 39,375.00 78,375.00 141,750.00 228,375.00 338,625.00 $ 5.625 PROPOSED WATER IMPACT FEE Meter Size Rates 5/8" S 2,74(I.0{) 3/4" 2,740.00 1" 6,850.00 I - 1/4" 8,905.00 1-1/2" 13,700.00 2" 21,920.00 3" 41.100.00 4" 68.500.00 6" 137,000.00 8" 219.200.00 10" 397,300.00 12" 589,100.00 COST PER GALLON S 7.82!) SEWER SERVICE AVAILABILITY CHARGE Mctcr Size Rates 5/8" S 2.840.00 3/4" 2.840.00 1" 7,100.00 1-1/4" 9.230.00 1-1/2" 14.200.00 2" 22,720.00 3" 42,600.00 4" 71,000.00 6" 142.000.00 8" 227,200.00 10' 411,800.00 12" 610,600.00 COST PER GALLON S 11.360 DEC 1 1 2001 Table ES-1 Collier Count)', Florida Impact Fee Stud)' Comparison of Impact Fees for Water and Wastewater Service Line No. Residential 5/8" x 3/4" Meter Description Water Wastcwater Combined I Collier County -Existing S 1,275 S 1,575 2 Collier County - Proposed S2,740 82.840 Other Florida Utilities: 3 City of Bradenton 5872 S609 4 City of Boca Raton 4,638 3,721 5 Bonita Springs Utilities, Inc. (*) 1,550 2,183 6 Brevard County 1,903 2,257 7 Charlotte County 1,518 2,570 S Englex~ood Water District 2,267 1,690 9 FL Water Services - Lehigh - Lee County 2,168 2,546 10 City of Fort Myers 2,023 1,966 Hillsborough Count>' (2) 11 Northwest Service Area 2,275 3,150 12 South/Central Service Area 2.380 3,305 13 Lee County (*) 1,020 1,460 14 Manatee County 1,045 1,378 15 City of Naples 870 1,220 16 City of North Port 860 1,280 17 Orange County 1,095 2,487 18 Pinellas County 512 2,060 19 City of Punta Gorda 2,000 1,500 20 Sarasota County (*) 2,720 1,642 21 City of Tampa 1,000 1,844 22 Other Florida Utilities' Average S2,850 S5,580 $1,481 8,359 3,733 4,160 4,088 3,957 4,714 3,989 5,425 5,685 2.480 2,423 2,090 2,140 3,582 2,572 3,500 4,362 2,844 S1,722 S2,046 S3,768 (I) (2) (*) Unless other, vise noted, amounts shov,'n reflect residential rates in effect October 2001 and are exclusive of taxes or franchise fees, if any, and reflect rates charged for inside the city service. All rates are as reported by the respective utility. This comparison is intended to show comparable charges for similar service for comparison purposes only and is not intended to be a complete listing of all rates and charges offered by each listed utility. Fees shown include Allowance For Funds Prudently Invested of $940 for water and $1,335 for wastewater. Indicates that current fees are under review. ES-I NO. DEC I! 2001 II 1 RESOLUTION NO. 2001- 2 3 A RESOLUTION OF THE BOARD OF COUNTY COM/~SSIONERS OF COLLIER 4 COUNTY, FLORIDA, AMENDING SCHEDULE TWO OF APPENDIX A OF CHAPTER 5 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS A.MF. NDED, 6 THE SAME BEING THE COLLIER COUNTY CONSOLIDATED I]V[PACT FEE 7 ORDINANCE; INCREASING WATER IMPACT FEE RATE FROM $1,275 PER 8 EQUIVALENT RESIDENTIAL CONNECTION (ERC) NOT TO EXCEED $2,740 PER 9 ERC, AN INCREASE NOT TO EXCEED 114.9 PERCENT; AND INCREASING THE 10 SEWER 131~ACT FEE RATE INCREASE FROM $1,575 PER ERC NOT TO EXCEED 1]. $2,840 PER ERC, AN INCREASE NOT TO EXCEED 80.3 PERCENT; ALSO 12 INCREASING NON-RESIDENTIAL RATES NOT TO EXCEED THE PROPOSED ].3 RATES SPECIFIED IN REVISED SCHEDULE 2 OF APPENDIX A; PROVIDING A 14 DELAYED EFFECTIVE DATE OF JANUARY 1, 20(}2. 15 16 WHEREAS, on August 4, 1998, the Board of County Commissioners of Collier County 17 adopted Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact 18 Fee Ordinance, thereby establishing the County's then applicable water and sewer impact fee 19 rates, and, as such, those rates have been in effect for more than three (3) years; and 20 WHEREAS, on March 13, 2001, the Board of Count,:, Commissioners adopted 21 Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and 22 superceding all of the County's then existing impact fee regulations, and consolidating all of the 23 Count3"s impact fee regulations into a single Ordinance, codified in Chapter 74 of the Collier 24 Count), Code of Law and Ordinances (the Code), and incorporating the aforementioned water and 25 sewer impact fee rates established by the adoption of Ordinance No. 98-69; and 26 WItEREAS, Section 74-502 of the Code states that impact fee studies should be 27 reviewed at least ever3' three (3)),ears, thus, the County has retained Public Resources 28 Management Group, Inc. (the Consultant) to review the existing water and sewer fees and 29 recommend changes to the fees where appropriate; and 30 ~,X~ItEREAS, Collier Count3' uses impact fees to supplement the funding of necessar3' 31 capital improvements required to provide public facilities to serve new population and related 32 development; and 33 WIt~EREAS, it has been discovered that the currently applicable water and sewer impact 34 fees are based upon under-projected population figures, resulting in an undersized capital 35 improvement master plan, and the County's exceptional growth in the past three (3) years, in 36 conjunction with the expansion of the Collier County Water-Sewer District service area as 37 contemplated in the Rural Fringe Area Assessment Conceptual Strategies, indicates that the Board 38 should undertake assertive, proactive measures to match water and sewer capacity with future 39 needs; and 40 WItEREAS, the County's Consultant has recommended that the County increase water 41 plant capacity by 32 million gallons per day and wastewater treatment capacity by 34.8 million 42 gallons per day over the next nine (9) years, at an estimated cost to future utility system users of 43 $639 million; and 44 WliEREAS, the County's Consultant recommends a water impact fee rate increase fi.om 45 $1,275 per equivalent residential connection (ERC) to $2,740 per ERC, an increase of $1,465 or DEC I 1 ?.001 1 114.9 percent; and a sewer impact fee rate increase from $1,575 per ERC to $2,840 per ERC, an 2 increase of $1,265 or 80.3 percent; and 3 WHEREAS, the County's Consultant also recommends increasing the non-residential 4 water and sewer impact fee rates as specified in the attached revised Schedule Two of Appendix 5 A; and 6 Wt:IEREAS, the above recommended rate increases reflect the establishment of water 7 and sewer impact fees at the maximum level allowed in accordance with equity tests established 8 by previous case law in the State of Florida; and 9 WHEREAS, staff has thoroughly reviewed the Consultant's findings and 10 recommendations and concurs with the recommended water and sewer impact fee rate increases; 11 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 12 CO~L~,flSSIONERS OF COLLIER COUNTY, FLORIDA, that: 13 The Boa.rd of County Cormmssioners hereby declares that the water and sewer impact fee 14 rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended, 15 the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of 16 Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, auached hereto, 17 and incorporated be reference herein as Exhibit "A" are fair and reasonable sums to be assessed to 18 those who receive the benefits of new and expanded water and sewer public facilities necessitated 19 by increased population and related development. 20 BE IT FURTHER RESOLVED that the revised water and sewer impact fee schedule 21 shall take effect on Janua.D' 1,2002. 22 This Resolution is adopted after motion, second and majority vote favoring adoption this 23 __ day of 2001 24 ATTEST 25 Dwight E. Brock, Clerk 26 27 28 29 By 30 Deputy Clerk 31 32 33 34 Approved as to form 35 and legal sufficiency: 36 38 I tS~r~ 39 Thomas C. Palmer, 40 Assistant County Attorney 41 BOARD OF COL'NTY COMMISSIONERS COLLIER COUNT t', FLOPdDA Bjy'; James D. Caner, Ph.D., Chairman A~£NDA NO. ~' ~.." DEC I 1 2001 /$ RESIDENTIAL SINGLE FAMILY (No more than 4 Bathrooms) SINGLE FAMILY (More than 4 Bathrooms) MLrLTI-F)uMILY DUPLEX MOBILE HOME TRAVEL TRAILER/ R.V. (TmV) MULTI-FAMILY DUPLEX MOBILE HOME MULTI-FAMILY )UPLEX MOBILE HOME APPENDIX A SCHEDULE TWO - EFFECTIVE JANUARY 1, 2002 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE LIVING BASIS OF FEE METER ERC WATER SPACE ALLOCATION SIZE IMPACT (Sq. Ft.) FEE 0 to 4,999 Per Unit %" 1.0 $1,275.00 Sq. Ft. $2,740.00 Over 5,000 Meter Size/ Per n/a Based on ' Sq. Ft. Per Unit Ordinance Meter Size SEWER IMPACT FEE $!,575.00 $2,840.00 $!,575.00 Based on Meter Size 0 to 750 Sq. Ft. 751 to 1,500 Sq. Ft. 1,501 or More Sq. Ft. Per Unit Per .33 $ 420.00 Per Unit Ordinance $ 904.00 Per Unit or Space Per Unit or Space Per Unit Per .67 $ 855.00 Per Unit Ordinance $1,836.00 Per Unit or Space Per Unit Per 1.0 $ ! ,275.00 Per Unit Ordinance $2,740.00 Per Unit or Space 520.00 937.00 $1,055.00 $1,903.00 Sl,575.00 $2.840.00 NON-RESIDENTIAL: WATER METER SIZE WATER SEWER IMPACT IMPACT FEE FEE s/s $ 2,740.00 $ 2,840.00 $ 2~740.00 $ 2,840.00 1 $ 3,!~8.00 $ 3.938.00 $ 6,850.00 $ 7,100.~ 1 ~A $ ~,275.00 $ 7,875.00 $13~700.00 $14,200.00 2 $10,200.00 $ !2,~00.~ $ 21~920.00 $ 22~720.00 3 q on,ann nn q ~c onn N0 $ 41,100.00 $ 45,440.00 4 $ 3 !,875.00 $ 29,275.00 $ 68,500.00 $ 71,000.00 6 $ ~,750.00 $137,000,00 8 $1 ~,750.00 $219,200.00 10 e~4 ~q nn $397,300.00 12 $27~,!25.00 $589,100.00 $ 78,375.00 $142,000.00 ~1,4! "7 < th $255,600.00 $228,375.00. $411,800.00 ' i ~0. g ~ i DEC 11 '2001 . EXECUTIVE SUMMARY ADOPT PROPOSED REUSE (TREATED WASTEWATER) RATES OBJECTIVE: Board of County Commissioners adoption of proposed reuse' (treated wastewater) rates for a January 1,2001 implementation date. CONSIDERATIONS: In conjunction with the development of the Wastewater Master Plan, the Collier County Water-Sewer District has updated the Wastewater Resource (Reuse) Master Plan. Reuse is a critical part of the Water-Sewer District goals and objectives as defined by the Board of County Commissioners. The intent of the District with regards to reuse water is to: · Conserve potable water supplies · Promote the use of treated wastewater for irrigation · Provide a reliable source of non-potable water for irrigation · Develop an equitable rate structure for the reuse users The proposed rates are designed to charge reuse customers for only the operating and repair and replacement capital costs associated with the delivery system for treated wastewater. The operating and capital costs associated with the collection and treatment of wastewater are part of the water and wastewater rates proposed in the previous Executive Summary. The following table defines the current and proposed rate structure per thousand gallons of consumption by Level of Service for reuse customers. PROGRAM RATES Level of Service Rates for 1,000 Gallons Current Rate Proposed at Actual Cost Difference Pressurized and Distributed $0.13 $0.65 ($0.52) Pressurized $0.13 $0.34 ($0.21 ) Bulk $0.13 $0.26 ($0.13) AG£N? % T£1,1 NO. ~ DEC 11 2001 Historically, the reuse rates had been set at 6¢ per 1,000 gallons in August, 1990 and later increased to 13¢, per 1,000 gallons in September, 1997. The 13¢ rate was established as a negotiated rate based on District requirements for: · EPA Grant requirements · Potable water conservation · Developer design and installation of pressurized reuse system for irrigation. The growth and use of pressurized and distribution type system has increased, significantly, the operating and capital costs of the delivery system. The structure of the proposed reuse rates was presented to contractual reuse users on October 3, 2001 and on November 5, 2001. The structure of the proposed rate was presented to the Board of County Commissioners on November 28, 2001. GROWTH MANAGEMENT PLAN: There is no Growth Management impact. FISCAL IMPACT: Adoption of the proposed rates will generate an anticipated $2.2 million per year in revenue which will cover current operating and maintenance costs. The $2.2 million is included in the proposed water and wastewater rate structure. The current rate generates approximately $500,000 per year. RECOMMENDATION: No action necessary on this agenda item. The proposed reuse rates are included in the following agenda package that recommends adoption of an ordinance establishing revised rates for water and sewer services. They are in Appendix A - Schedule 3 of the recommended ordinance. Board action on the reuse rates should take place as a part of the action on that agenda item. This Executive Summary is for discussion only. Prepared by: Date: '\~'/~C'I C:' \ Joh',nt,A. Yonkosk_~y~Director Utili;~'~-~Billing a6d Customer Service Approved by: ~"~D'~ ~~ Date: //////~ / Tom Wides, Interim Administrator Public Utilities Division NO. ,?' '~ DEC 1 1 2001 'EXECUTIVE SUMMARY ADOPT AN ORDINANCE THAT IMPLEMENTS PROPOSED RATES FOR WATER AND SEWER SERVICES; AND CONSOLIDATES ALL EXISTING AND SEPARATELY APPROVED UTILITY BILLING ORDINANCES INTO ONE COMPREHENSIVE ORDINANCE OBJECTIVE: Board of County Commissioners adoption of an ordinance that consolidates four (4) separate ordinances that provide rates, rules and regulations for water and sewer services. The Ordinance, if adopted, will approve the rates proposed to the Board on November 28, 2001. CONSIDERATIONS: In 1997 and in subsequent years, the Board of County Commissioners have adopted four (4) separate ordinances relative to rates, rules and regulations for water and sewer services. Those ordinances have rates as an integral part of each ordinance. Every time the rates or parts of rates are changed, a new ordinance is required under the existing process. This consolidated ordinance has rate schedules as an attachment to the ordinance. Future rate changes can be approved without modification of the ordinance. This ordinance requires that an advertised public hearing is required for any future rate modifications. In Fiscal 2000, the billing rate structure was modified to combine residential, multi-family and commercial rates into one billing process. There was a minor reduction in rates as a result of this action. (1.0% for water and 2.0% for wastewater). The last formal review and substantive rate structure change took place in 1997. The current rates have been in use for over four (4) years. The County's exceptional growth in the past four (4) years, in conjunction with the expansion of the Water-Sewer District service area as contemplated in the Rural Frin.qe Area Assessment Conceptual Strate.qies indicates that certain proactive measures should be taken by the Board of County Commissioners in order to match capacity with future needs. Five of the proactive measures as they relate to Water-Sewer District services are on the Board's agenda today for review, discussion and direction. They are: · Updated Water Master Plan · Updated Sewer Master Plan · Impact Fee Study · Reuse Rate Study · Water and Wastewater Rates Study O C 1 2001 As can be seen in the attached briefing document (Water and Wastewater Rate Consultants Executive Summary), rates for water and wastewater complement both the impact fees levied and the Master Plan(s) approved by the Board of County Commissioners. Major and significant changes are summarized below: 1. Conservative rate structure. The charge per 1,000 gallons is most significant for high end users. There is minimal impact on Iow end users. 2. The cap on residential wastewater is recommended to be raised from 10,000 gallons per month to 15,000 gallons per month. 3. Water and sewer user rates will be the primary pledge for debt service for future bonds. The pledge must be sufficient to fund debt service. 4. A surcharge on consumption is recommended for periods of mandatory water restrictions. The surcharge will only apply to non-indoor usage. 5. The flat rate charge for irrigation-only use of potable water has been eliminated and replaced by an inverted consumption block rate structure based on usage. 6. Working capital reserves have been decreased from 90 to approximately 60 days. 7. Consumption blocks for rates have been increased from three (3) to six (6) blocks. 8. The effect on Iow-end users has been minimized. The proposed rates for water and sewer services were presented to the Board's Development Services Advisory Committee (DSAC) on November 7, 2001 and the DSAC's Utility Subcommittee on November 14, 2001. The Update was also presented to the Collier Building Industry Association (CBIA) on November 6, 2001. Staff will be again going to the DSAC on December 5, 2001 to clarify any issues they have. It is anticipated that the position of DSAC regarding the proposed rates will be presented to the Board on December 11,2001. The recommended water/wastewater rates in this agenda item and the recommended impact fees in the prior agenda item are based on a January 1, 2002 implementation date. A delay in the implementation date for 90 days or more may require a change in the proposed user rates since such rates were approved to become effective immediately to provide an additional source of funds for the financing of the capital improvement program. GROWTH MANAGEMENT IMPACT: The proposed Water and Wastewater rates are designed to provide funding for operation and maintenance and repair replacement costs, and supplemental funding for water and wastewater capital improvements required if the proposed Water and Wastewater Master Plans are adopted. DEC 1 I 2001 FISCAL IMPACT: The net additional rate revenue to be generated by the recommended water and wastewater fees over the next five (5) years is: Water = $ 9,038,338 Sewer = $22,826,604 $31,864,942 The impact to a single family residential user of both water and sewer services who has a ~ inch water meter can be estimated from the following chad which is included in the agenda package as Table ES-2. Below 5,000 gallons per month there is no increase for water; the increase is attributable to sewer. 0 2,000 4,000 5,000 7,000 10,000 15,000 20,000 Description Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Existing Rates $29.00 $35.76 $42.52 $45.90 $52.66 $62.80 $71.80 $80.80 Proposed Rates 30.00 37.32 44.64 48.30 56.34 68.40 91.50 103.50 $ Increase (Decrease) 1.00 1.56 2.12 2.40 3.68 5.60 19.70 22.70 %Increase (Decrease) 3.45% 4.36% 4.99% 5.23% 6.99% 8.92% 27.44% 28.09% RECOMMENDATION: Adoption of the consolidated ordinance and the proposed rates for water and sewer services attached as Attachment A Schedules 1 through 6. Johh, A. Yonkosk~;-.Director"' Utility Billing and Customer Service Approved by: ~~~ Date: //~/o/ Tom Wides, Interim Administrator Public Utilities JAY:pc AG£gDA XT[M DEC 1 200i EXECUTIVE SUMMARY COLLIER COUNTY WATER AND WASTEWATER RATE STUDY The operation for the Water and Sewer District for Collier County (The County) is accounted for as a utility enterprise fund. General accounting policies and prudent utility management require that the Water and Sewer System (the "System") must have revenues (financial resources) at least equal to the costs of providing services by the System. As such, the County should establish rates sufficient to meet the cost of operating, maintaining, repairing and financing the System. Although the County has annually updated the System financial needs as part of the ongoing budget process, the County has not formally reviewed the rates for water and xvastewater service since 1997. In response to significant growth recently experienced by the System coupled with the expectation of continued growth within the County's utility service area in the near future, the conStruction of a significant amount of water and wastewater facilities will be required. As a result of the projected capital expenditure requirements of the utility, which includes plans to i) use existing operating and impact fee fund reserves and the issuance of long term debt to fund part of the capital program and ii) provide funds for the initiation of capital asset replacements in the near future, Public Resources Management Group, Inc. (PRMG) was retained to perform a review of the monthly rates for utility service on behalf of the County. The following is a summary of the observations, conclusions, and recommendations made during the course of the study. The current rates for monthly water and wastewater service were last adjusted by the County during the Fiscal Year 2000 and essentially have been in effect for over one (1) year. The rate adjustment implemented by the County represented an overall reduction in rates of approximately 1.0% and changed the structure of the rates (i.e., how service is billed) by combining non-residential billing, with residential, and multi-family for billing consistency. Prior to this rate adjustment, the rates were formally reviewed in Fiscal Year 1997 or approximately four (4) years ago. The rates for water and wastewater service are generally consistent in structure and include a i) a monthly base facility charge, which also serves as the minimum bill, and ii) a volumetric usage charge based on metered water consumption. A summary of the existing rates for monthly water and wastewater service is shown on Table ES-1. With respect to the water rates, the usage charge includes a water conservation promoting rate structure, which is consistent with the directives of the South Florida Water Management District regarding water resources planning. This rate structure is common in the State and has been applied by the County for over ten (10) years without modification in the conservation pricing structure (as to the number of cOnsumption blocks and associated level of water use in such consumption blocks). ES- 1 AC~ f'lOA IT[FI ~o. g'[ DEC 1 1 2001 3. With respect to the wastewater rates, all metered water use is billed a wastewater charge with the following exceptions: i) the individually metered residential class currently has a 10,000 gallon monthly billing threshold to recognize that not all water is returned to the wastewater system and ii) water only where potable water use is not discharged to the wastewater system, with examples of such customers including irrigation use. 4. Based on discussions with the County, the forecast of system customers was based on the population projections prepared by the Collier County Comprehensive Planning Section, Planning Services Department, Community Development, and Environmental Services Division. These projections recognize a continuation of account growth similar to what was recently experienced by the System in the most recently completed fiscal year but is, however, generally higher than recent historical trends. 5. For the fiscal year ended September 30, 2001 (the "Fiscal Year 2001"), it is estimated that the System provided service on average to 35,867 water accounts, which equates to 70,851 equivalent residential connections (ERC). An ERC represents the annual average use of an individually metered residential (single-family) customer. Since 1998, the average water customers served by the System have increased by over 8,175 accounts, a cumulative growth rate of 22.9%, or an average annual growth rate of 5.72%. 6. For the Fiscal Year 2001, it is estimated that the System provided service on average to 37,658 wastewater accounts, which equates to 60,210 equivalent residential connections (ERC). Since 1998, the average wastewater customers served by the System have increased by over 9,692 accounts, a cumulative growth rate of 25.7%, or an average annual growth rate of 6.43%. It should be noted that although the number of wastewater accounts is greater than the reported water accounts (due to differences in the service area boundaries), the number of ERCs for the water system is greater. This is due to the water system serving a greater proportion of master-metered residential accounts that receive service through larger meters, which equate to a greater number of ERCs per account. 7. The average individually metered residential water use per customer for a residential meter (the predominance of the customers served for the class) averaged approximately 9,295 gallons per month during the Fiscal Year 2001. The customer use forecast assumed in the financial projections is based on a lower per customer use of 8,870, which is expected to be more representative of normalized use. 8. The average individually metered residential wastewater use per customer for a 3/4" residential meter averaged approximately 8,950 gallons per month during the Fiscal Year 2001. Because the County has a billing cap or threshold on the amount of water use that is billed the wastewater flow charge for this class of ES - 2 DEC I 1 2001 customers (which is a Common rate application practice to recognize that not all of the water use is returned to the wastewater system), the actual billed usage for this class of customer would be less on average when compared to the water system usage statistics. The individually metered residential (single-family) class represents the majority of the customers served, representing approximately 52.3% of the total water accounts served by the System. Additionally, over 55.5% of the wastewater accounts are individually metered residential accounts served by the System. A breakdown of the County's customer base is as follows: Number of Accounts Per Class Water Wastewater Accounts Percent Accounts Percent Commercial (1) 2,099 5.85% 2,387 6.34% Multi-Family 2,834 7.90% 2,874 7.63% Residential 30,643 85.43% 32,397 86.03% Irrigation 292 0.82% n/a Total 35,868 100.00% 37,658 100.00% ( 1 ) Includes Special Sewer Accounts Number of Meter Equivalents Per Class Water Wastewater Equivalents Percent Equivalents Commercial (1) 9,875 13.94% 7,648 Multi-Family 28,097 39.66% 19,415 Residential 31,686 44.72% 33,387 Irrigation 1,192 1.68% n/a Total 70,850 100.00% 60,450 (1) Excludes Special Sewer Accounts for clarification/illustration purposes Percent 12.65% 32.12% 55.23% 100.00% 10. A significant component of the financial forecast and ability of the existing water and wastewater rates to meet the expenditure requirements of the System deals with the funding of the renewal and replacement costs, interconnects of existing facilities (e.g.: sewer plants and equalization tanks), and other capital needs of the System. The capital needs include i) upgrade projects to serve both existing and new development and address current regulatory issues regarding capacity availability and use; ii) the performance of renewals and replacements on existing assets; iii) the upgrade of facilities due to such issues as line relocations associated with Florida Department of Transportation (FDOT) projects; iv) other services area requirements, and v) the funding of departmental capital (i.e., furniture, fixtures, equipment, and vehicles). With the exception of the departmental capital outlay requirements, the capital expenditures recognized in the study were based on estimates included in the 2001 Master Plan Update as compiled by the County's Consulting Engineers, Greeley & Hansen, LLP. The following is a summary of the capital improvement program and corresponding funding sources as reflected in the financial forecast. I AG~OA IT£~ ES- 3 DEC 1 1 200i Financial Forecast Summary: FY 2002 Capital Expenditures Total Water $34,163,405 Total Wastewater 109,229,879 Total System 143,393,284 Funding Sources Water System Water System Impact (Fund 410) Additional Debt Water Capital Account (Fund 412) Water Rate Revenue Total Water System Fees FY 2003 FY 2004 FY 2005 FY 2006 $37,771,262 $38,017,154 $48,586,461 $15,804,670 60,521,729 61,586,954 34,423,690 34,532,354 98,292,991 99,604,109 83,010,151 50,337,024 154,184 19,068,400 14,582,100 10,933,000 4,735,900 20,354,200 16,582,930 21,889,270 36,810,020 10,212,280 13,269,800 1,463,540 1,137,500 422,500 422,500 385,221 656,392 408,284 420,941 433,990 34,163,405 37,771,262 38,017,154 48,586,461 15,804,670 Wastewater System Wastewater System Impact 26,110,100 Fees (Fund 411) Additional Debt 57,955,000 SRF Funding (Existing Loan) 500,000 Sewer Capital Account 23,763,400 (Fund 413) Sewer Rate Revenue 901,379 Total Wastewater System 109,229,879 Total System 143,393,284 12,245,350 29,389,100 9,480,510 5,514,860 42,532,360 29,247,010 21,442,720 25,551,500 0 0 0 0 3,679,000 1540,500 2,028,000 2,028,000 2,065,019 1,410,344 1,472,460 1,437,994 60,521,729 61,586,954 34,423,690 34,532,354 98,292,991 99,604,109 83,010,151 50,337,024 It should be noted that the capital expenditure funding analysis does recognize the anticipated increase in impact fee charges to finance the County's capital program. 1 1. The financial forecast and associated ability of the rate projected expenditure needs recognized the following: revenues to meet the Operating expenses were increased annually for inflation, growth, and changes in operation; Additional Debt Service requirements are needed to fund the System capital improvement program as set forth above; · Forecast recognizes a fully funded capital improvement program using new debt, available impact fee funds, other cash reserves and rate revenues; · The financial projections recognize the maintenance of working capital reserves equal to approximately 60 days of operating reserves for emergency needs and financial stability; · Operating Expenses include a contingency allowance equal to 3% of operating expenses for unknown expenses or changes in revenue. ES - 4 DEC 1 1 2001 12. As mentioned above, the County expects to issue additional debt issued on a parity basis to the outstanding water and wastewater utility revenue bonds (the "Senior Lien Bonds") and incur additional low-interest loans through the State Revolving Loan Fund (SRF) program as administered by the Florida Department of Environmental Protection (FDEP). 13. Based on the financial forecast reflected in the report, the existing rates for monthly water and wastewater service will not be adequate to meet the utility allocated revenue requirements (expenditures and funding needs) of the System. With respect to the Water system, the following rate adjustments have been identified: - Fiscal Year 2002 Fiscal Year 2005 7.61% 5.64% The following is a summary of the revenue requirements and anticipated rate adjustments for the xvater system based on the assumptions reflected in the report: FY 2002 FY 2003 FY 2004 FY 2005 FY2006 Water System Operating Expenses $16,645,606 $17,946,554 $18,961,184 $20,062,587 $21,098,073 Debt Service (~) 2,517,753 5,844,188 7,146,937 10,479,692 10,277,473 Other Revenue Requirements 5,937,106 2,056,392 908,284 420,941 433,990 Gross Revenue Requirements 25,100,465 25,847,135 27,016,406 30,963,220 31,809,536 Less Other Income {2~ (2,172,661) (1,927,489) (1,982,373) (2,609,831) (1,479,490) Net Revenue Requirements 22,927,804 23,919,646 25,034,033 28,353,389 29,610,046 Applicable Rate Revenue (3) 21,689,831 Revenue Surplus/(Deficiency) ($1,237,974) ~4~ % Increase Required {st (7.61%) 24,723,895 25,812,566 26,839,361 29,635,692 $804,248 $778,533 ($1,514,028) $25,646 0.00% 0.00% (5.64%) 0.00% (1) Amounts shown include the estimated additional debt service requirements necessary to finance the County's anticipated capital improvement program as identified in the 2001 System Master Plan. (2) Amounts shown include other operating revenues and interest income on unrestricted fund balances; amounts shown do not include the receipt of impact fees which are restricted to the funding of capital expenditures associated with system expansion or growth. (3) Applicable rate revenue includes effects of prior year rate adjustments in subsequent years (e.g., the fiscal year 2002 rate adjustment recognized in determination of revenues for subsequent years). (4) Any revenue considered as surplus funds assumed to be deposited in operating reserve fund to meet working capital targets and to maintain financial sufficiency of the System. (5) FY 2002 rate increase assumes implementation date of January 2002, , all other estimated rate adjustments assumed to become effective October I'~ of each fiscal year. 14. With Respect to the Wastewater System, the following rate adjustments have been identified: Fiscal Year 2002 Fiscal Year 2005 16.70% 13.03% ES - 5 AG~OA IT£~ DEC 1 I 2001 The following is a summary of the revenue requirements and anticipated rate adjustments for the wastewater system based on the assumptions reflected in the report: Wastewater System Operating Expenses Debt Service o) Other Revenue Requirements Gross Revenue Requirements Less Other Income Net Revenue Requirements Applicable Rate Revenue (3} Surplus/(Deficiency) (4) % Increase Required FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 $17,153,190 $18,027,175 $18,871,693 $19,858,666 $20,870,304 5,318,477 7,773,818 11,964,470 16,965,022 16,792,801 6,651,379 2,465,019 3,210,344 3,472,460 1,587,994 29,123,046 28,266,012 34,046,507 40,296,148 39,251,099 (2,397,219) (3,032,776) (2,937,019) (2,789,811) (2,801,471) 26,725,827 25,233,236 31,109,488 37,506,337 36,449,628 23,751,553 29,621,786 31,664,195 33,182,703 38,529,363 ($2,974,274) $4,388,550 $554,706 $(4,323,634) $2,079,735 (16.70%) 0.00% 0.00% (13.03%) 0.00% (1) Amounts shown include the estimated additional debt service requirements necessary to finance the County's anticipated capital improvement program as identified in the 2001 System Master Plan. (2) Amounts sho~vn include other operating revenues and interest income on unrestricted fund balances; amounts shown do not include the receipt of impact fees which are restricted to the funding of capita) expenditures associated with system expansion or growth. (3) Applicable rate revenue includes effects of prior year rate adjustments in subsequent years (e.g., the fiscal year 2002 rate adjustment recognized in determination of revenues for subsequent years). (4) Any revenue considered as surplus funds assumed to be deposited in operating reserve fund to meet working capital targets and to maintain financial sufficiency of the System. (5) FY 2002 rate increase assumes implementation date of January 2002, , all other estimated rate adjustments assumed to become effective October ISt of each fiscal year. 15. The · primary reasons for the proposed rate adjustments include the following: The continued inflationary effects on the operation of the utility system. Since the last formal rate review in fiscal year 1997, the consumer price index has increased by an estimated amount of 2.41% per year which has a direct effect on the level of operating expenses incurred by the System. · Due to the need to finance the capital improvement program of the System, the County will be issuing several series of utility revenue bonds and other forms of indebtedness. In order to issue such debt, the rates for service, the primary pledge for repayment of such debt, must be sufficient to fund the annual debt service payments and meet the rate covenant requirements as required by the Bond Resolution/Loan Documents authorizing the issuance of such indebtedness. · In order to finance the capital improvement program, the County anticipates using a significant amount of cash reserves and available funds. As a result of using such funds, interest income which is relied upon to meet System expenditures will be reduced, thus impacting the rates for service. · In order to maintain the financial health of the System and meet rate covenants, the County will need to replenish working capital reserves at prudent levels (considered by PRMG to be a minimum of sixty (60) days of rate revenue). ES - 6 AC~:NOA NO. DEC 1 2001 PG. 9 , 16. 17. 18. The Regulatory constraints on the cost of operations is being experienced by all utilities, including the System. For example, the newly promulgated sludge disposal rules will significantly increase the cost of sludge disposal, which is recognized in the financial forecast. To account for future effects of changing regulations and other factors, a 3% operating expense contingency has been recognized as a revenue requirement to be funded from monthly user fees. The proposed rates, if implemented in accordance with the assumptions reflected in the study, are anticipated to be .sufficient to meet the rate covenant requirements as defined in the Bond Resolution that authorized the issuance of the outstanding utility system revenue bonds (the "Senior Lien Bonds") and the State Revolving Funds Program administered by the FDEP (the "Junior Lien Bonds"). Such covenants include i) requirements associated with the issuance of additional Senior Lien Bonds; ii) compliance with certain debt service coverage ratios as defined in the Bond Resolutions and FDEP Loan documents; as well as iii) the maintenance of certain funds and accounts as established by the Resolution. Because of the recent mandatory water restrictions, which have been in effect for the County water system as required by the South Florida Water Management District (SFWMD), it is recommended that the County adopt a mandatory water restriction surcharge. This surcharge would be effective only during periods where the SFWMD has declared water restrictions pursuant to its Water Shortage Plan. The rate adjustment would be based on the water shortage phase in effect as declared by the SFWMD and would be billed by the County during such water shortage. The purpose of the surcharge is to: i) encourage water conservation by increasing the price of the water conservation blocks; and ii) preserve net revenue margins such that the System can meet its financial commitments for service (e.g., payment of debt service, etc.). The rate adjustment would be applied only to the consumption charge (not the base charge) and only to those consumption blocks not considered being for indoor use. The following is a summary of the recommended "non-indoor" usage-only charge rate adjustments based on the SFWMD water shortage phase: Water Shortage Phase Flow Charge Rate Adjustment Percentage Moderate 15% Severe 30% Extreme 45% Critical 60% proposed rates for water service include the increase of the water conservation blocks to further promofe water conservation and charge users which demand a water capacity in excess of the needs for indoor and discretionary use. The following is a summary of the existing and proposed water usage blocks and corresponding rates for service. In the design of the proposed water usage rates, an allowance for the price elasticity of water was recognized (i.e., as the price for water increases, water use will proportionately decrease). ES - 7 NO. DEC 1 1 2001 ~G. Existing Rates Proposed Rat~ Consumption Rate ($/000) Consumption Rate(S/000) Range Range Water System Base Rate 0 Gallons $12.00 0 Gallons $12.00 0 - 5,000 1.44 0 - 10,000 1.44 First Block Gallons Gallons 5,001 - 10,000 1.80 10,001 - 20,000 1.80 Second Block Gallons Gallons 10,001 - 20,000 2.40 20,001 - 30,000 2.25 Third Block Gallons Gallons Above 30,000 20,001 - 30,000 3.05 Fourth Block Gallons Gallons 30,001 - 50,000 3.65 Fifth Block n/a Gallons Above 50,000 4.45 Sixth Block n/a Gallons Waste~vater System Base Rate 0 Gallons S 17.00 0 Gallons $18.00 Usage Rate Above 0 Gallons 1.94 Above 0 Gallons 2.22 19. Based on the directives of County staff and in order to provide additional water conservation incentives and finance the wastewater system revenue requirements, the maximum monthly billing threshold for the application of wastewater consumption charges is recommended to be increased from 10,000 gallons per month to 15,000 gallons per month. This change in hilling threshold is a policy decision of the County (pricing of service) and not based on cost of service principals. 20. Except as noted above, the rate structure for the water and wastewater rates is proposed to remain in effect which maintains rate consistency between the two utility systems. A summary of the proPosed rates are included on Table ES-1. The following is a summary of the rate impact for a 5,000 and 10,000 gallon monthly user of water and ~vastewater service. Monthly Residential Customer 5~000 Gallons of 10,000 Gallons Service of Service Water System Existing Rates $19.20 $26.40 Proposed Rates 19.20 28.20 Increase (Decrease) 0.00 1.80 Percent 0.00% 6.82% Wastewater Rates Existing Rates 26.70 36.40 Proposed Rates 29.10 40.20 Increase (Decrease) 2.40 3.80 Percent 8.99% 10.44% ES - 8 no. DEC 1 1 2001 PG. [I , 21. The proposed rates for the County are anticipated to be comparable with rates charged by other similar local governments, which have the same general service area demographics (primarily residential, rural in nature with no federal/outside grant funds, new system reflecting current construction costs). A summary of the results of a rate survey is shown on Table ES-2 and summarized below. Monthly Residential Customer 5~000 Gallons of Service Water System $19.20 Wastewater System 29.10 10~000 Gallons of Service $26.4O 40.20 Total System 48.30 68.40 Other Utility Average ® $48.89 (*) Based on comparison summarized in Table ES-2 $76.29 22. The proposed rates should be made effective by the County by January 1, 2002 or as soon as possible thereafter to protect the financial integrity of the System. The proposed rates for service should be made effective prior to the issuance of debt (capital expenditure financing) in order to meet the rate covenants associated with the issuance of additional parity bonds and to illustrate to investor's that sufficient rates will be in effect at a level necessary to repay the principal amount of borrowing. ES - 9 NO. ~ DEC ! I 2001 ~'G...., /-~, Table £S-$ ('oilier County Water, ~,Vastewater. and Reuse ~)'~tem Water and Waste~ater S~stem Summary Comparison of £xistin~ and Proposed Rates Line No~ I 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 19 2O 21 22 23 24 25 26 27 28 29 30 31 EXISTING WATER SERVICE AVAILABILITY CHARGE Meter Size Rates 5 S" S 12.00 34" 1200 I" 24.00 1-1 '4" 36.00 I-I 2" 44.01) 2" 69.00 3" 134.o0 4" 2,ITAX~ 6" 41 I 00 8" 73- 00 II)" 1.20o ] 2" 1 \'OLUME CkL\RGE PER 1.000 GALLONS Block I $ 1.44 Block 2 I Block 3 2 25 IRRIGATION 2.03 BLOCK RATE STRUCTURE Meter Size Block I Block 2 Block 3 I-I/4" Iff' l; L01)O 2I)-00t! 20.000 1u.OO0 24}.O~30 20.OOc) 25.~00 50,000 50.0OII 402>00 fiO,OoO fi0.0~X) ?~,OoO DJO.OUO l OO.OflO S{LO/}(} 100.000 160,000 /~[}.0u(I 320.O0u 2~o.~uO 50o. OOu 500.~ ~(}0 1.000,01}0 2.15~LOO0 4.300.000 SEWER SERVICE AVAILABILITY CHARGE 32 Meter Size 33 5/8" $17.~, 34 3/4" 1 35 I" 35.o0 36 1-1/4" 5300 37 1- I/2" o5.0~) 38 2" I01.00 39 3' 1o7.oo 40 4" 3115 41 6" 42 8" 1.087.00 43 IO" 1,750.00 44 12' 2,600.00 45 VOLLLME CHARGE PER 1,0OO GALLONS * Usage Charge for Resdential Sewer is Capped at 10,000 gallons PROPOSED WATER SERVICE AVAILABILITY CHARGE Meter Size Rates 5/8" S 12.00 3i4" 12.(~9 1" 26.40 1-1/4" 33.00 1-1/2" 50.40 2" 79.20 3" 146.40 4" 242.40 6" 45t2 8" '770.40 10" 1.394.4o 12" 1.883.65 VOLUME CHARGE PER 1,000 GALLONS Block I S 1.44 Block 2 1.80 Block 3 2.4o Block 4 3.05 Block 5 3.65 Block 6 4.45 IRRIGATION Included in above block structure BLOCK RAIL SIRUCIURE Meter Size Block I Block 2 Block 3 Block 4 Block 5 5 $" 5.000 I ) 000 20,000 '~( 010 q( 000 3 4" 5,000 10.O00 20,0O0 30,000 50.000 SEXVER SERVICE AVAILABILITY CHARGE Meter Size 5/8" SI 8.cyO I" 4{).95 l-ItT' 7%20 3" 232.20 4" 385.20 6" 767.70 8" 1,226.70 10" 2399.40 12" 3.259.90 'v'OLUME CHARGE PER 1,000 GALLONS * Usage Charge for Resdential Sewer is Caplx-"d at 15,000 gallons Block 6 51L0110 50.000 12.000 25.000 50,000 75.000 120.(}1Y) 120.000 20.(~)o 40,01~) 80.000 120.(g)0 2~).000 21~.0~ 25.000 5~3,0O0 IOU.flo0 150,000 250.0~ 250.~0 40,0(10 80.000 160.0~) 24(L000 400,0(~ 80.{X~ 100.000 320,000 480J~)0 go0J~}O 12o.0~ 25o. O0O 500,000 8O0.000 1.200.000 1.200.000 250.(}00 5o0.01,) I.(~)0.000 1,500.000 2.51,).000 2.500.(~0 450.(~) 900,l/u) 1.800.0{X} 2,7~).0~) 4.51"),0C~ 4,500.000 700,~ 1.450,~ 2.9~.~ 4,3~,~ 7,~,~ 7,~,~ 1,075,000 2.150.~g~ 4,300.O00 6,450,1~10 DEC 1 I 2001 .G. 13 Table ES-4 Collier County, Florida Water and Wastewater Rate Study Comparison of Typical Monthly Residential Bills for Water Service (1) Residential Service for a 5/8" or 3/4" Meter Line 0 2,000 4,000 5,000 7,000 10,000 15,000 20,000 No. Description Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Collier County I Existing Rates $12.00 $14~88 $17.76 $19.20 $22.08 $26.40 $35.40 $44.40 2 Proposed Rates 12.00 14.88 17.76 19.20 22.80 28.20 40.20 52.20 3 Increase (Decrease) 0.72 1.80 4.80 7.80 4 Percentage Increase (Decrease) 0.00% 0.00% 0.00% 0.00% 3.26% 6.82% 13.56% 17.57% Other Florida Utilities: 5 City of Bradenton $7.49 $10.57 $14.37 $16.63 S21.15 $27.93 $39.23 S50.53 6 Bre~ard County 8.22 8.22 9.83 11.44 14.66 19.49 28.02 36.87 7 Charlotte County (2) 16.88 24.18 31.48 35.13 42.43 53.38 76.18 102.62 $ City of Clearwater 8.07 8.07 11.34 14.61 21.15 31.58 51.03 70.48 9 Englewood Water District 10.00 13.60 17.20 19.00 23.20 35.20 59.20 83.20 10 FL Water Se~'ices - Lehigh - Lee County 9.76 17.14 24.52 28.21 35.59 46.66 65.11 83.56 II City of Fort Myers 3.61 8.15 12.69 14.96 20.52 28.86 45.36 79.41 12 Hillsborough County 9.80 14.50 19.20 21.55 26.25 33.50 45.75 64.25 ...... 13 Lee County (2) 8.10 12.46 16.82 19.00 23.86 31.90 46.80 64.70 ; Manatee County 5.45 7.49 9.53 10.55 12.66 15.93 21.38 41.78 ~5 City of Naples 7.26 9.48 11.70 12.81 15.03 18.36 23.91 29.46 16 City of North Port 9.16 14.86 20.56 23.41 29.11 39.16 57.16 75.16 17 Orange County 5.47 7.25 9.33 10.52 12.90 16.47 22.42 32.87 18 Pinellas County 11.25 11.25 11.25 13.50 18.00 24.75 36.00 47.25 19 City of Punta Gorda 11.65 17.09 22.53 25.25 30.69 38.85 54.50 70.15 20 City of Sarasota 7.59 12.35 17.11 19.49 24.25 31.39 43.29 56.93 21 Sarasota County I3.92 17.48 21.04 23.62 28.78 40.06 69.76 110.76 22 City of Tampa 1.50 2.78 5.62 7.22 10.43 15.55 29.05 43.05 23 Other Florida Utilities' Average $8.62 $12.05 $15.90 $18.16 $22.81 S30.50 $45.23 563.50 O) Unless otherwise noted, amounts shown reflect residential rates in effect October 2001 and are exclusive of taxes or franchise fees, if any, and reflect rates charged for inside the city se~'ice. All rates are as reported by the respective utility. This comparison is intended to show comparable charges for similar service for comparison purposes only and is not intended to be a complete listing of all rates and charges offered by each listed utility. (2) Utility is currently involved in a rate study, or is planning one within the next few months. RateStudyExecSummTables 1 .xls; 5-8" Water ] NO. i o c"V°D'oo Line No. Table ES-3 Collier County, Florida Water and Wastewater Rate Study Comparison of Typical Monthly Residential Bills for Wastewater Service (1) Description Residential Service for a 5/8" or 3/4" Meter 0 2,000 4,000 5,000 7,000 10,000 15,000 20,000 Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Collier County I Existing Rates $17.00 $20.88 $24.76 $26.70 $30.58 $36.40 $36.40 $36.40 2 Proposed Rates 18.00 22.44 26.88 29.10 33.54 40.20 51.30 51.30 3 lncrease (Decrease) 1.00 1.56 2.12 2.40 2.96 3.80 14.90 14.90 4 Percentage Increase (Decrease) 5.88% 7.47% 8.56% 8.99% 9.68% 10.44% 40.93% 40.93% Other Florida Utilities: 5 City of Bradenton Sl 1.66 $14.32 $18.27 $20.89 $26.13 S33.99 $47.09 $60.19 6 Brevard County 13.43 19.13 24.83 27.68 33.38 41.93 47.63 47.63 7 Charlotte County (2) 21.47 27.45 33.43 36.42 42.40 51.37 51.37 51.37 8 City of Clearwater 11.t0 11.10 14.80 18.50 25.90 37.00 55.50 74.00 9 Englewood Water District 17.63 23.23 28.83 31.63 37.23 45.63 45.63 45.63 10 FL Water Services - Lehigh - kee County 16.62 27.80 38.98 44.57 50.16 50.16 50.16 50.16 11 City of Fort Myers 5.36 15.14 24.92 29.81 40.11 55.56 55.56 55.56 12 Hillsborough County 14.65 22.85 31.05 35.15 43.35 47.45 47.45 47.45 13 Lee County (2) 12.15 19.19 26.23 29.75 33.27 33.27 33.27 33.27 14 Manatee County 12.50 17.86 23.22 25.90 31.26 39.30 39.84 39.84 15 City of Naples 11.72 15.68 19.64 21.62 25.58 31.52 41.42 51.32 16 City of North Port 21.74 29.94 38.14 42.24 50.44 54.54 54.54 54.54 17 Orange County 13.96 20.30 26.64 29.81 36.15 45.66 58.34 58.34 18 Pinellas County 8.00 14.20 20.40 23.50 29.70 39.00 54.50 57.60 19 City of Punta Gorda 20.70 23.12 25.54 26.75 29.17 32.80 32.80 32.80 20 City of Sarasota 15.65 25.86 36.06 41.17 51.37 66.68 92.19 120.47 21 Sarasota County 14.34 27.16 39.98 46.39 59.21 78.44 78.44 78.44 22 City of Tampa 2.78 10.21 17.65 21.36 28.80 39.95 58.53 77.11 23 Other Florida Utilities' Average (1) $13.64 $20.25 S27.14 S30.73 S37.42 $45.79 $52.46 $57.54 Unless otheawvise noted, amounts shown reflect residential rates in effect October 2001 and are exclusive of taxes or franchise fees, if any, and reflect rates charged for inside the city service. All rates are as reported by the respective utility. This comparison is intended to show comparable charges for similar service for cemparison purposes only and is not intended to be a complete listing of all rates and charges offered by each listed utility. (2) Utility is currently involved in a rate study, or is planning one within the next f~w months. RateStudyExecSummTables 1 .xls; 5-8" Sewer AG~OA IT£8 no. ~'~ _ 11/30/2001 DEC., 1 1 2001 Table ES-2 Collier County, Florida Water and Wastewater Rate Study Comparison of Typical Monthly Residential Bills for Water and Wastewater Service (1) Residential Si~rvice for a 5/8" or 3/4" Meter Line 0 2,000 4,000 5,000 7,000 10,000 15,000 20,000 No. Description Gallons Gallons Gallons Gallons Gallons Gallons Gallons Gallons Collier County 1 Existing Rates $29.00 $35.76 $42.52 $45.90 $52.66 $62.80 $71.80 $80.80 2 Proposed Rates 30.00 37.32 44.64 48.30 56.34 68.40 91.50 103.50 3 Increase (Decrease) 1.00 1.56 2.12 2.40 3.68 5.60 19.70 22.70 4 Percentage Increase (Decrease) 3.45% 4.36% 4.99% 5.23% 6.99% 8.92% 27.44% 28.09% Other Florida Utilities: 5 City of Bmdenton $19.15 $24.89 $32.64 S37.52 $47.28 $61.92 $86.32 S110.72 6 Brevard County 21.65 27.35 34.66 39.12 48.04 61.42 75.65 84.50 7 Charlotte County (2) 38.35 51.63 64.91 71.55 84.83 104.75 127.55 153.99 8 City of Clearwater 19.17 19.17 26.14 33.11 47.05 68.58 106.53 144.48 9 Englewood Water District 27.63 36.83 46.03 50.63 60.43 80.83 104.83 128.83 I0 FL Water Services - Lehigh - Lee County 2638 44.94 63.50 72.78 85.75 96.82 115.27 133.72 I 1 City of Fort Myers 8.97 23.29 37.61 44.77 60.63 84.42 100.92 134.97 12 Hillsborough County 24.45 37.35 50.25 56.70 69.60 80.95 93.20 111.70 ._..!3 Lee County (2) 20.25 31.65 43.05 48.75 57.13 65.17 80.07 97.97 Manatee County 17.95 25.35 32.75 36.45 43.92 55.23 61.22 81.62 15 City of Naples 18.98 25.16 31.34 34.43 40.61 49.88 65.33 80.78 16 City of North }>on 30.90 44.80 58.70 65.65 79.55 93.70 111.70 129.70 I7 Orange County 19.43 27.55 35.97 40.33 49.05 62.13 80.76 91.21 18 Pinellas County 19.25 25.45 31.65 37.00 47.70 63.75 90.50 104.85 19 City of Punta Gorda 32.35 40.21 48.07 52.00 59.86 71.65 87.30 102.95 20 City of Sarasota 23.24 38.21 53.17 60.66 75.62 98.07 135.48 177.40 21 Sarasota County 28.26 44.64 61.02 70.01 87.99 118.50 148.20 189.20 22 City of Tampa 4.28 12.99 23.26 28.58 39.23 55.49 87.58 120.16 23 Other Florida Utilities' Average S22.26 $32.30 $43.04 $48.89 S60.24 $76.29 $97.69 S121.04 (1) Unless otherwise noted, amounts shown reflect residential rates in effect October 2001 and are exclusive of taxes or franchise fees, if any, and reflect rates charged for inside the city service. All rates are as reported by the respective utility. This comparison is intended to show comparable charges for similar service for comparison purposes only and is not intended to be a complete listing of all rates and charges offered by each listed utility. (2) Utility is currently involved in a rate study, or is planning one within the next few months. RateStudyExecSummTablesl .xls; 5-8" Combined nO. .o PG. Table of Contents WHEREAS SECTION ONE - District Rates, Fees and Regulations 1.1 Definitions 1.2 Monthly Rates, Fees and Charges A. District B. Goodland C. Effluent D. Bill Delivery Address E. Methods of Payment 1.3 District Rates, Fees and Charges Other than Monthly User Fees A. Meter Installation Charges B. Temporary Meters C. Other Fees and Charges D. Late Payment Charge E. Annual Review F. Reasonable Pay Plan G. Adjustments and Credits H. Refunds of Credit Balances/Final Bills 1.4 District Regulation A. Application for Service B. Limitation of Use; Continuity of Service C. Property Owner Liability for Damage D. Security Deposits/Water E. Security Deposits/Sewer F. Property Owner's Responsibility for Water Service; Bad Debts G. Date Bills are Due and Delinquent; Discontinuance of Service, Reinstatement of Service H. Billing Payment when Meter become Defective I. Water Bill Complaints J. Charges for Moving Meter K. Connections Required L. Exceptions to Connections M. Connection by District N. Unlawful Connection Prohibited O. Failure to Maintain Plumbing System P. Unpaid Fees to Constitute a Lien Q. No Fee Service R. Separate Connection for Each Separate Unit SECTION TWO - Submetering 2.1 through 2.8 SECTION THREE - City of Naples Service Area DEC 1 2001 SECTION FOUR - Appendices for Rates, Fees and Charges SECTION FIVE - Penalties SECTION SIX - Confidentiality SECTION SEVEN - Declaration of Exclusion from the Administrative Procedures Act SECTION EIGHT - Repeal of Ordinances SECTION NINE - Conflict and Severability SECTION TEN -Inclusion in Codification SECTION ELEVEN - Effective Date APPENDIX A - Schedules 1 though 6 DEC 11 200! .~. It' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 COLLIER COU1NTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO. 2001 THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; ESTABLISHING REVISED RATES, FEES, CHARGES AND REGULATIONS; PROVISIONS APPLICABLE TO THE CITY OF NAPLES SERVICE AREA; APPENDING SIX APPENDICES FOR RATES, FEES AND CHARGES; PENALTIES; CONFIDENTIALITY, PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; REPEALING COLLIER COUNTY ORDINANCE NO. 97-48, AS AMENDED BY ORDINANCE NO. 98-55, BY ORDINANCE NO. 2000-34, AND BY ORDINANCE NO. 2001-18; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO TIlE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, the original Collier County Water-Sewer District, also known as the County Water-Sewer District of Collier County, was approved on November 4, 1969 by voters of Collier County in accordance with the requirements of Chapter 153, Part I1, Florida Statutes; and WHEREAS, the Goodland Water District was created in accordance with Chapter 153, Part Il, Florida Statutes in April, 1980; and WHEREAS, Chapter 88-499, Laws of Florida, reestablished the District and provided the reestablished District succeeded to all rights duties, powers, jurisdictions, obligations, responsibilities and interests of both Districts created under Chapter 153, Part I1, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida and any modifications thereto have been codified in the Code of Laws and Ordinances of Collier County, Florida as Sections 262-631 through 262-653; and WHEREAS, Sections 262-631 through 262-653 of the Collier County Codification is included in part and in whole, including any subsequent amendments thereto, as an attachment to the Ordinance; and WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex-officio governing Board of the District; and WHEREAS, uniform billing operating and regulatory standards, procedures and fee schedules, are in the best interest of the District and residents; and 31 Pa._ Iq - WHEREAS, this Ordinance establishes uniform billing operating and regulatory standards, procedures and fee schedules to enable the more efficient 3 adnfinistration of district services; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WIIEREAS, Collier County has adopted several ordinances which apply to the provision of utility services by the District and other private water and sewer utility systems; and WHEREAS, the combination of these ordinances into a single comprehensive ordinance will provide a simplified and more efficient mechanism for water and sewer utility systems and for the residents of Collier County to understand the regulations applicable to water and sewer utilities, and WHEREAS, this Ordinance is partially intended to be a codification of existing County ordinances into a single comprehensive ordinance; and WItEREAS, this codification is not intended to revoke or rescind any actions previously taken by the District. The district shall be ri'eared as if it has always been in continuous existence from the date it was originally established. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE EX-OFFICIO GOVERNING BOARD OF TIIE COLLIER COUNTY WATER- SEWER DISTRICT, that: 18 19 20 21 22 23 24 25 26 27 28 SECTION ONE. District Rates~ Fees, Charges and Rel~ulationa 1. l Definitions. Unless specifically provided otherwise these definitions shall apply to this Section. A. "District" shall refer to the Collier County Water-Sewer District, B. "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an average single-family residential connection. It is used as a factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections. C. "Service Availability Charge" shall mean a monthly charge per dwelling unit or equivalent dwelling unit for residential and non-residential users with no usage included. 29 30 31 "Goodland" The Goodland service area is classified as a Subdistrict of the Collier County Water-Sewer District as the service is dependent on a bulk purchase with a private entity and therefore has a rate structure that is different from the major District rate structure. ACURA IT£1~ DEC I I 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 E. "Sewer Use" shall be defined as the connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Salfitary Sewer System. F. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non- District water supply or where no water (leachate) is used. G. "Use" The term "Use" with respect to "Water Use" on the District's water system, which is a potable water system, shall mean the sole utilization of water from the Dis~ict system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation. Any such irrigation shall require an approved backflow prevention device and a physical separation from the remaining potable water system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, comanodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, where available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County, or applicable State and Federal laws, rules or regulations. 1.2.Monthly Rates, Fees and Charges. Monthly rates, fees and charges for water, sewer, or effluent irrigation, and fire meter services provided by or made available by the District shall be sufficient to recover system operation, maintenance, renewal enhancement, replacement and debt service costs and shall be proportionally distributed among system users and customers receiving the benefits as follows: A. Monthly user fees for the Collier County Water-Sewer District Residential and non-residential properties within the boundaries of the Collier County Water-Sewer District shall pay the rates, fees and charges for service provided by the Collier County Water-Sewer District in accordance with Appendix A - Schedule 1. AG~OA ITIr~ ,o. gE - DEC 1 1 2{101 PG.__ .,.~... I -- 1 2 3 4 5 6 7 8 9 10 11 12 B. Monthly user fees for the Goodland Water Subdistrict. The rates for service to residential and non-residential properties within the Goodland Water Subdistrict shall be in accordance with Appendix A - Schedule 2. C. Monthly User Fees for effluent irrigation usage in the District shall be in accordance with Appendix A - Schedule 3. Except in cases where a written agreement between the District and the property owner establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the District, all golf course and other bulk sales of effluent shall be sold and billed in accordance with this section. D. Accounts and Bill Delivery Addresses l. Accounts shall be established in the name of the property owner. 2. Monthly bills wilt be sent to the address requested in the service 13 application. 14 3. Changes of address for billing purposes must be approved by the 15 16 17 18 I9 20 21 22 23 24 property owner. Approval can be by letter, District change of address form or by e-mail. Duplicate bills may be requested by letter or District change of address form/or e-mail. A duplicate bill processing fee (Appendix A - Schedule 6) will be placed on the account for billing purposes. Methods of Payment I. Cash, check, direct debit and/or credit card (when available), and electronic transfer are available methods to pay monthly bills. 2. Cash, check and credit card payments may be made at the billing office address. 25 3. Check payments can be made through the U S Mail to the lockbox 26 facility in the envelope provided with the bill to the P 0 Box. 27 28 29 30 31 4. Credit card payments (when available) can be made telephonically. 5. Direct debit payments are available. Requires processing of a Direct Debit Approval form. 6. Non-Sufficient Funds (NSF) checks returned by the District bank or banks will not be reprocessed for payment. The amount of the NSF check plus an appropriate NSF charge (Appendix A - Schedule 6) and NO.. 3'~: DE:C ! '1 200l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 3O 31 1.3 where applicable any other fees and charges will be placed on the account for rebilling. District Rates, Fees and Charges other than Monthly User Fees. A. Meter installation charges for meters and for bacldlow devices two inches (2") or smaller in size are to be paid to the District in accordance with Appendix A - Schedule 4. The fees in this subsection are based upon meter installation costs for a typical single family residential sta'eet. 1. All meters two inches (2") or smaller will be installed by the District and shall remain the property of the District. 2. For meters larger than two (2) inches, the materials and labor for installation of suer meters shall be furnished by the developer in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. Meters must be left accessible to District employees at all times. Dangerous and/or dense underbrush will be trimmed to a "margin of safety" by District employees. 4. When any property owner, who has a water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, and such installation is approved, a tapping fee for the larger meter is required and no credit shall be given for tapping charges paid on the smaller meter. The difference in impact fees between the smaller meter and the larger meter must be paid before a work order will be issued for the installation of the larger meter. There shall be no refunds or credits of tapping fees or impact fees given to any property owner requesting a smaller meter. B. Temporary Meters. !. Temporary meters may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A - Schedule 5. 2. The temporary meter monthly charge for service shall be based upon the non-residential monthly availability and volume charges. 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 Co 3. A work order for the installation of a temporary meter will be issued upon receipt of an executed Temporary Meter Application. 4. A refundable temporary meter deposit (Appendix A - Schedule 6) must be paid concurrently with the Temporary Meter Application. The deposit may be used to offset costs for repair and/or replacement to Distxict assets. If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder. District rates, fees, and charges other than monthly user fees, meter tapping fees, time and material fees, temporary meter fees, impact fees, industrial sewer use fees, backflow prevention service fees and development/permitting related fees. The rates, fees and charges established by this section include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A - Schedule 6. 1. New Accounts- Change of Ownership 2. Tum-off/turn-onat Owner's Request 3. Meter Re-read 4. Meter Test 5. Meter Lock 6. Unlock After Hours 7. Meter Removal 8. Illegal Com~ection 9. Credit Card Handling Charge I0. Temporary Meter Deposit 11. Duplicate Processing Fee 12. Non-Sufficient Funds (NSF) Processing Charge 13. Late Payment Charge D. Late payments for monthly user fees are subject to a late payment charge (Appendix A - Schedule 6) on the unpaid balance after the due date on the bill. E. The rates, fees and charges as established in this Section shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt service costs. 6 OEC 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 F. Reasonable pay plan arrangements may be used at the discretion of the District for delinquent accounts. All pay plan arrangements must provide for the full and timely payment of future consumption. G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. For example: The procedure for adjusting customer accounts for unexplained loss of metered water was approved in updated form on January 3, 2001. 2. Debit and credit adjustments identified in documented and approved procedures shall be approved by the Public Utilities Division Administrator or designee before processing. 3. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization. H. Refund of Credit Balances/Final Bills 1. Refunds of credit balances for a continuing account shall be processed and forwarded to Finance for disbursement on a weekly basis. 2. Refunds of credit balances as a result of final bills shall be processed and lo,yarded to Finance for disbursement on a monthly basis. 3. In no event, shall refunds be processed for credit balances which are less than $5.00. 4. In no event, shall final bills less than $5.00 be processed and mailed. 1.4 District Regulation. A. Application For Service. 1. To obtain service, application must be made at the office(s) of the District. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The Distxict reserves the right to refuse service from its transmission mains or to accept service to its collection system. 2. Utility Service is furnished only upon signed application of the property owner, accepted by the District, and the conditions of such application or. agreement are binding upon the property owner as well as the Dislrict. A DEC 1 1 2001 PG. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 · copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant shall furnish to the District the correct name, street address and legal description at which service is to be rendered at the time of the application for service. Ail system development charges, impact fees, connection and installation fees, and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. 4. Application for service requested by fwrns, partnerships, associations, corporations and others, shall be tendered only by duly authorized individuals. When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be construed to be an agent. 5. Where the District's water or sewer main is accessible to render service no Collier County Building Permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the District. 6. The District may withhold or discontinue service rendered under application made by a property owner, or the property owner's agent, unless all prior indebtedness to the District of such property for utility service has been settled in full. Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non- payment of any account for service to the property. Limitation of Use, Continuity of Service Unless authorized by the District, water and/or sewer service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not 1 2 3 4 5 6 7 sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to thc property owner through the District's connection, and under no circumstances shall thc property owner or property owner's agent or any other individual, association, or corporation install equipment for thc purpose of disposing of said service. In no case shall a property owner, except with thc written consent from the District, extend their installation across a street, alley, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extcnsion, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the District for all extra expenses incurred for clerical work, testing and inspections. The District will at all times use reasonable diligence to'provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, acts of God or other causes beyond its 24 25 26 27 28 29 30 31 control. 3. Property Owners shall maintain that portion of the water lines on their property located beyond the District service connection, and all loss of water through breaks or leakage to the premises will be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in BEC 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 providing service to the property owner, except damage done by Dislrict employees. D. Security Deposits on Water Account. Security deposits normally are not required on Dislrict customer accounts for water service. However, the District may require a deposit equivalent to two (2) months average service when an account has been shut-off for non- payment more than two (2) times in any six (6) month concurrent period. These deposits may be returned after six (6) months of timely payments. E. Security Deposits on Sewer Accounts. Security deposits are normally not required on District customer accounts for sewer service. However, the District may require a deposit equivalent to two (2) months average service when an account has been shut-off for non- payment more than two (2) times in any six (6) month concurrent period. These deposits will be returned after six (6) months of timely payments. F. Property O~vner's Responsibility for Water Service; Bad Debts. 1. The property owner is responsible for all water, and/or sewer service and/or other District services provided to the property. In the event service is discontinued for non-payment, service will be restored only after property o~vner has fully complied with provisions of Section 1.4, paragraph G.2 and G.3, of this Ordinance. 2. Unpaid fees constitute a lien against the property (see Section 1.4 P of this Ordinance). In the event water, and/or sewer service and/or other District services have been discontinued for non-payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service will be furnished. 3. Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and regulations. G. Dates Bills Due and Delinquent; Discontinuance of Service for Non- Payment; Reinstatement Following Discontinued Service. 1. Bills for service arc due by the date set forth on the bill from the District and are delinquent thereafter. Service will be discontinued when delinquent for non- payment of bills. 10 DEC 1 1 2001 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 2. When service has been discontinued for non-payment of bills, service will be renewed upon payment of all unpaid bills, plus a shut-off lock fee and a late payment fee (Appendix A - Schedule 6). 3. If the lock has been tampered with and the street cock has been turned on prior to full payment of all fees the meter may be removed from the property. Should the property owner request renewal of service for the property, service will be restored upon full payment of: 1) all past due bills plus a late payment fee where applicable, and (2) a meter removal fee (Appendix A - Schedule 6). 4. If service has been discontinued for nonpayment of bills and an illegal water connection is made, service will be renewed upon payment of all unpaid bills, time and material costs to remove the illegal connection, the cost of the estimated amount of water consumption loss, plus a $300 fine (Appendix A - Schedule 6). 5. Billing for potable water service or effluent irrigation service shall begin upon registration of consumption on the meter, or ninety (90) days from date of meter installation, whichever occurs first. Billing for sewer service shall commence upon the issuance of a certificate of occupancy or ninety (90) days following the issuance of a notice to connect to the sewer system, whichever occurs first. 6. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previou~ applications. For violation of this Section, the District's service may be discontinued. H. Billing payment When Meter Becomes Defective; Right °f Entry Of Authorized Agents Or Employees. 1. Should the meter on any premises become defective, so that the amount delivered for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the average amount charged for the four (4) preceding months unless the actual amount of water can be determined. 2. Duly authorized agents and employees of the District shall, during daylight hours or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of 11 ~o. ~ ~ 0£C I1 2001 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 . fixture, service pipe installation and such other purposes as may be proper to protect the interest of the District, reading or repairing the water meters located thereon, or turning the supply of such water service to the premises off or on. Water Bill Complaints. Normally, high water bill complaints will not be accepted for inspection by the District unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a re-read charge (Appendix A - Schedule 6) will be assessed against the property oxvner. The property owner shall be charged (Appendix A - Schedule 6) for meter tests which show the meter is functioning properly. Meters, Location And Charge Fo~ Moving. Meters shall be placed when possible just within the property line at the property comer at the nearest point to the tap-in main. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the Dislrict's cost in accordance with Appendix A - Schedule 5. Connections With Water And Sewer Required. The owner of each lot or parcel of land within tile District where any improvement is now situated or shall hereafter be situated, shall, if the District operates and maintains water distribution and/or sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall, at a minimum, be used for all indoor usage and shall be connected within ninety (90) days following notification to do so by the District. Connection to the reuse system shall only be required if the development order and/or property purchase agreements require such connection. All such connections shall be made in accordance with rules and regulations which may be adopted from time to time by the District, which rules and regulations shall provide for a charge for making any such connection in such reasonable mount as the governing board of the District may fix and determine. No connection or connections 12 AGENDA IT£H .0.. gE_ DEC 1 1 2001 ~,~. ..~0 1 2 3 4 5 6 7 8 9 shall be required where the water or sewer system or line is more than two hundred (200) feet from such property line. L. Exceptions To Connections. This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's water and/or sewer service. M. Connections May Be Made By District. If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the water and/or sewer facilities of the District after notification, as provided herein, then the District shall be authorized to 10 make such connections, entering on or upon any such property for the 11 12 purpose of making such connection. The District shall thereupon be entitled to recover the cost (Appendix A - Schedule 5) of making such connection, 13 14 15 16 17 18 19 20 21 together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. Unlawful Connection Prohibited. No person shall be allowed to connect into any water or sewer line owned by the district without written consent of the District. The connection with such 22 line shall be made only under the direction and supervision of the District. 23 24 Any property owner or plumber who shall make any connection without such consent of the County shall, upon conviction be subject to the penalties 25 hereinafter provided. 26 27 28 29 30 31 O. Failure To Maintain Plumbing System. The properly owner shall be responsible for maintaining and keeping free from obstruction the water and sewer pipes leading to and connecting from the plumbing system to the District's water and sewers mains, and failure to keep the water and sewer pipes, free from obstructions and maintained in a proper manner. P. Unpaid Fees To Constitute A Lien. 13 1 In the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid 3 4 5 6 7 8 9 10 11 balance thereof and all interest accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in equity as 12 for the foreclosure of a mortgage on real property. 13 Q. No Free Service. 14 No water or sewage disposal service shall be furnished or rendered free of 15 16 17 18 19 20 21 22 23 charge to any person, firm, corporation or governmental body. Each and every County agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit. Unless authorized by the District, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered a separate unit for the payment of the water and sewage disposal rates and charges, and separate connections will be required for each of such dwelling units. SECTION TWO - Submeterin~ 24 2. I A landlord who is a customer of the District and who provides water and/or sewer 25 service to rental units through a single master water meter shall, under any of the 26 following three circumstances, be exempt from the prohibitions contained in 27 28 29 30 31 Section 1.4, paragraph B. 1 against the sale or disposition of District water and/or sewer service: A. A landlord may apportion the monthly charge for District water and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water and/or sewer service; or 14 DEC 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 B. A landlord may install submeters for each rental unit to a-ack each unit's usage of water service and then charge each unit according to its exact usage. A landlord who installs submeters shall comply with the requirements of Section 2.4, below and shall not recover more than his actual cost for District water and/or sewer service through the master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and monitoring of the submeters or the billing of tenants for their water and/or sewer service usage; or, C. A landlord may also provide water and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for Distxict xvater and/or sewer service from his tenants. 2.2 For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to install submeters as provided in Section 1.4, paragraph B above, shall not begin monitoring a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact xvater usage. Such disclosure shall be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant. 2.3 Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county water and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for Dislxiet water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water and/or sewer service. Such documentatio~ and written explanation shall be provided within five (5) business days fi'om receipt of the w~itten request. 15 AG£ I~DA IT£1~ ~o. BEC 11 PG. ,~:~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2.4 Furthermore, upon dispute of a water bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: A. Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); B. If the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; C. If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the ease may be, shall immediately repair or replace the meter. D. Provide documentation of current and past billing practices with respect to the applicable rental unit for tlle'period of the requesting tenant's occupancy; E. Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; AND F. Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statues, the Landlord Tenant Act. 2.5 All submeters must achieve no less than the accuracy standards as currently met by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: A. The landlord shall promptly, upon receiving notice, repair all submeter leaks; B. The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; C. The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; D. The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; E. The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: 16 NO. £/- DEC I 1 2001 .G. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 2.6 2.7 F. The landlord shall locate and provide the location of all submeters and service lines upon reasonable request by a tenant; G. The landlord shall turn offapplicable submeters in emergency situations; H. The landlord shall read ali submeters no less fi-equently than once a month; I. The landlord shall replace all submeters that become stuck or difficult to read; and J. The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. The provision of water service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. Any condominium association that is a customer of the District and provides water and/or sewer service to condominium units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service and directly related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association that exercises its privilege under this exemption from the prohibitions in Section 1.4, paragraph B. 1 to recover its actual cost for District water and/or sewer service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the member documentation for the condominium association's actual cost for District water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the member for water service. Such documentation and written explanation shall be provided with five (5) business days from receipt of the written request. The provision of water service through a single master water meter by a condominium association as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. 2.8 Any landlord or condominium association that elects to install submeters shall not charge a security deposit. 17 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 SECTION THREE - City of Naples Service Area. 3.1 No extension of existing distribution water mains of the water system of the City of Naples may be made within the Collier County Water-Sewer District, without the prior, written consent and approval of the governing board of the District, except that this Ordinance shall not apply to the lands described in Section 3.4. 3.2 All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30) days of receipt thereof. 3.3 The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by Collier County. 3.4 The City of Naples Water Service Area Boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly City limit line of the City of Naples; thence easterly along said southerly City along the easterly City limit line to the northeast comer of said Section 27; thence westerly along the north line of Section 26, Township 50 south, Range 25 east to the northeast comer of said Section 26; thence northerly along the east line of Section 23, Township 50 south, Range 25 east to its intersection with the southerly right-of way line of Thomasson Drive; thence easterly along said southerly right-of-way of Thomasson Drive to its intersection with the range line lying between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast comer of Section 13, Township 49 south, Range 25 east; thence westerly along the north line of Sections 13, 14, 15, 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17 with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. SECTION FOUR - Appendices for Rates~ Fees and Charges The Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District hereby adopts the Rates, Fees, and Charges as set forth in Schedule 1 through 6; inclusive, appended hereto as Appendix A, which shall be imposed upon all users of the Collier County Water-Sewer District services within the District boundaries and outside the District boundaries subject to appropriate mutual agreements. These rates, fees, and charges may be changed from time to time by Resolutions of the Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District, provided the Board holds an advertised public hearing with regard to the Schedule amendments. 18 NO. OE¢ 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 SECTION FIVE - Penalties.. Unless another penalty is specifically provided for, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. SECTION SIX - Confidentiality 6.1 Confidential Information A. Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without resection unless the user specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not "public record" under then applicable law, and is clearly within an cxcmption outlined in the Florida Public Record Law of the State o1' Florida, Chapter 119, Florida Statutes, or its successor in function. B. Notwithstanding any of the provisions of this Article, nothing shall be construed or interpreted to require Collier County or the District to violate any of the applicable public records law(s). Any release of information or disclosure made by the County or District in order to comply with such law should not give rise to a claim whatsoever. SECTION SEVEN - Declaration of Exclusion from the Administrator Procedures Act The Collier County Water-Sewer District Board shall exercise jurisdiction over the provision of water and server services within the boundaries as hereinafter provided for, and shall be exempt from the provisions of chapter 120, Florida Statutes. No privately-owned water or sewer utility shall be abandoned without adequate provision for continuance of service and the prior approval of the Board. SECTION EIGHT - Repeal of Four Ordinances~ Collier County ordinance Numbers 97-48, as amended by 98-55, as amended by No. 2000-34, and as amended No. 2001-18 are hereby repealed and superseded in their entirety by this Article. 19 SECTION NINE= Conflict and' Severability , The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION TEN - Inclusion in the Code of Laws and Ordinances The provisions of this Article shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION ELEVEN - Effective Date. This Ordinance shall become effective upon being filed with the Department of State. officio Board of the Collier ,2001. ATTEST: Dwight E. Brock, Clerk PASSED AND DULY adopted by the Board of County Commissioners as Ex- County Water-Sewer District this day of BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS EX-OFFICIO BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Deputy Clerk Approved as to form and legal~sufficiency:~ P'~l~.~, ~ Thomals C~ 13'al~er, Assistant County Attorney By: James D. Carter. Ph.D., Chairman AGENDA ITEM No. £ ~ DEC 001 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A- SCHEDULE 1 Water, Sewer, Effluent, and Fire Meter Ra~s Water (a) Service Availability Chax§e for Individually Metered Residential, Non-Residential and Im§ation: 5/8 inch meter $12.00permonth 3 inchmeter' $ 146.40 per month % inchm~ter $12.00permonth 4 inch meter' $ 242.40 per month 1 inch meter $ 26.40 per month 6 inch mot~'r' $ 482.40 per month I'A inch meter $ 33.60 per month 8 inch meter' $ 770.40 per month UA inch meter $ 50.40 per month 10 inch meter' $1,394.40 per month 2 inch meter $ 79.20 per month 12 bach meter' $ 1,883.40 per month Co) Volume Charge Per 1,000 Gallons: (i) Individually Metered Residential, Non-Residential and Multi-Family Residential Block I $1.44 Block 2 $1.80 Block 3 $ 2.40 Block 4 $ 3.05 Block 5 $ 3.65 Block 6 $ 4.45 BLOCK KATE STRUCTURE Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 5,000 10,000 20,000 30,000 50,000 50,000 %" 5,000 10,000 20,000 30,000 50,000 50,000 1" 12,000 25,000 50,000 75,000 120,000 t20,000 1-1/4" 20,000 40,000 80,000 120,000 200,000 200,000 1-1/2" 25,000 50,000 100,000 150,000 250,000 250,000 2" 40,000 80,000 160,000 240,000 400,000 400,000 3" 80,000 160.000 320,000 480,000 800,000 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 11,000,000 Sewer (a) Sewer Availability Charge for Individually Metered Residential, Non-Residential, and Multi-Family: 5/8 inchmeter $ 18.00 per month 3 inchmeter' $ 232.20 per month %inchmeter $ 18.00 per month 4 inch meter' $ 385.20 per month 1 inch meter $ 40.95 per month 6 inch meter' $ 767.70 per month 1 'A inch meter $ 52.45 per month 8 inch meter' $ 1,226.70 per month 1V2 inch meter $ 79.20per month 10 inch meter' $ 2,199.40 per month 2 inch meter $125.10 per month 12 inch meter' $ 3,259.90 per month Co) Volume Charge per 1,000 gallons: (i) Meter Usage $2.22 (ii) Individually Metered Residential Maximum: The maximum volumetric charge for individually metered residential property shall b~ 15,000 gallons per month Fire Systems (Dedicated and Compound) (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protoction. (ii) Fire Service meter connections that have constrmption registered for three consecutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availability and usage charges as described herein. Co) Volume Charge: (i) Per 1,000 gallons $1.44 DE.C 1 I 2061 $? COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 2 Providing monthly user fees for residential and non-residential properties in Goodland Water Subdistrict as follows: 1. Water (a) Service Availability Charge (i) Individual Metered residential, Non-Residential and Irrigation: ',; inch meter $ 16.00 per month 1 inch meter $ 37.00 per month 172 inch meter $ 72.00 per month 2 inch meter $ 114.00 per month 3 inch meter $ 226.00 per month 4 inch meter $ 351.00 per month 6 inch meter $ 701.00 per month 8 inch meter $1,259.00 per month (b) Volume Charge per one thousand gallons ($/Mgal) of usage: All Usage $3.92 / Mgal Purchased Water Adjustment Clause (PWAC): [Neg' FWSC Volume Charge - Old FWSC Volume Charge] 0.78 = Adder Existing Goodland $/Mgal + Adder = New Goodland $/Mgal Factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from FWSC Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase ,vater rates by the Collier CounW Water and Sewer Authority. This PWAC is designed to automatically "pass-through" this increase, dollar-for-dollar. The new rates for the Goodland Water Subdistrict should become effective the same month that FWSC increases the price of wholesale water to the Goodland Water Subdistrict. AGENDA ~£H ~0. ~ ~ DEC 11 2001 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 3 Effluent Irrigation Rates 1. Effluent irrigation usage in each District shall be at the following schedule: (a) Service Availability charge: Individually Meter Irrigation: 5/8 and ~/, inch meter $ 4.35 per month 1 tach meter $ 10.90 per month 1 'A inch meter $ 21.75 per month 2 inch meter $ 43.50 per month 3 inch meter $ 87.00 per month 4 inch meter $ 174.00 per month 6 inch meter $ 330.00 peTmonth 8 inch meter $ 600.00 per month 10 inch meter $ 960.00 per month 12 inch meter $1,430.00 per month (b) Volume Charge per 1,000 gallons: (i) PressUriZed and distributed (ii) PressUriZed (iii) Bulk $0.65 $0.34 $0.26 DEC 11 2001 COLLIER COL~NTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 3 Meter Installation Charges (Tapping Fees) 1. Meter installation charges to be paid to the District shall be as follows: 2. Meter size meter taping charges: Meter Tapping Charge Meter Tapping Charge Size With Service Line Installation $iz~e With Service Line Installation V~" $ 302.00 3'~" $ 148.00 1" $ 602.00 I" $ 246.00 1½" $ 809.00 1!~" $ 449.00 2 $ 861.00 2 $ 494.00 The fees are based upon meter installation for a typical single-family residential sn'eet. In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backflow Device Charges Reduced Pressure Backflow Prevention Assembly MeterSize Price ~" $150.00 I" $169.00 1½" 5283.00 2" 5342.00 Double Check Valve Backflow Prevention Assembly Meter Size Price ¼" S $$.00 I" $ 99.00 1 ½" $246.0O 2" 5311.00 COLLIER COUNtrY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 4 Meter Installahon Charges (Tavping Fees) I. Meter installation charges to be paid to the District shall be as follows: 2. Meter size meter taping charges: Meter Tapping Charge Meter Tapping Charge Size With Service Line Installation Siz._~e Without Service Line Installation 1/~, $ 302.00 ~" $148.00 1" $ 602.00 1" $ 246.00 1 ½" $ 809.00 1 ~A" $ 449.00 2 $ 861.00 2 $ 494.00 The fees are based upon meter installation for a typical single-family residential street. In all other cixcumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backflow Device Charges Reduced Pressure Backflow Prevention Assembly Meter S~e PHce ~" $150.00 1" $169.00 1 ½" $283.00 2" $342.00 Double Check Valve Baclcflow Prevention Assembly Meter S~e Price ¼" $ 88.00 1" $ 99.00 1½" $246.00 2" $311.00 DEC 11 2001 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM OPERATION AND REGULATORY STANDARDS APPENDIX A - SCHEDULE 6 Miscellaneous Fees for Services I. New Accounts -- Change of Ownership 2. Turn-off/turn-on at Owner's Request 3. Meter Re-read 4. Meter Test 5. Meter Lock 6. Unlock After Hours 7. Meter Removal 8. Illegal Connection- 10. 11. 12 13. Credit Card Handling Charge Temporary Meter Deposit Duplicate Bill Processing Fee Non -Sufficient (NSF) Processing Charge Late Payment Charge 20.00 30.0O 20.00 35.00 50.O0 10O.00 100.00 Actual Time and Material Cost Plus Average Consumption Charge Plus $ 300 Fine $ 5.0O $ 1,000.00 $ 1.00 15% of the amount or $100; whichever is smaller 5% of unpaid balance NO. /" DEC 1 1 2001 4¥ EXECUTIVE SUMMARY PETITION RZ-01-AR-1165, MICHAEL AND TAMMY MCENDREE REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO THE "RSF-3" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT WITH A DENSITY CAP OF ONE DWELLING UNIT PER 2.27 ACRE OR A MAXIMUM OF TWO SINGLE FAMILY LOTS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF POLLY AVENUE AND EVERETT STREET, IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.55 ACRES MORE OR LESS. OBJECTIVE: To have the Board of County Commissioners consider an application to rezone the subject site from "A" to "RSF-3" with a density cap of one dwelling unit per 2.27 acres allowing two single family lots that are consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained in this single-family neighborhood. CONSIDERATIONS: The property owner is requesting to rezone 4.55 acres from "A" Rural Agricultural to the RSF-3 zoning district in order to allow for the subdivision of the lot. The subject site abuts an RSF-5 single-family residential neighborhood to the south while to the west is the Royal Woods PUD that permits single and multi-family residential dwellings at a density of 3.3 units per acre. Furthermore, an RSF-3 zoned subdivision is located approximately 1,200 feet east of the subject site. The petitioner has indicated that due to the minimum lot size of 5-acres in the "A" Zoning District, they can't split their lot in order to allow a second dwelling. As a result, the petitioner, is now proposing to rezone the subject site to the "RSF-3" Zoning District, which is compatible with the surrounding zoning in the area. Since the RSF-3 zoning could allow approximately 12 single-family lots, staff is recommending that the density be caped at 2.27 units per acre due to traffic congestion concerns in this area. In addition, the access point for the proposed residential lots will be from Everett Street, which is a local residential street. Transportation Planning Staff has reviewed the applicant's request and has the following comment. The proposed rezone to the "RSF-3" Zoning District with a limitation of two lots will result in approximately 19.1 Average Daily Trips. As a result, the proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "C" design volume) on any County road when completed. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Since Polly Avenue is part of a future north/south extension of Santa Barbara Boulevard, the Transportation Department has requested the following condition of approval. "A reservation of an additional ninety (90) feet of right-of-way shall be provided along the property frontage on Polly Avenue. The property owner may dedicate or be required to dedicate upon written notice from Collier County with compensation consistent with the provisions of the Collier Count: Land Development Code and Consolidated Impact Fee Ordinance as each may be~ ameba ~x~ DEC 11 2001 1 In regards to compatibility, it should be noted that the subject site has access offofPolly Avenue and is adjacent to "RSF-5" zoned properties to the south and the Royal Woods PUD to the west that is approved at a density of 3.3 units per acre. In addition, there are RSF-3 zoned lands 1,200 feet to the east of the subject site. Based on the surrounding densities, the RSF-3 district is the most similar to the existing conditions in the area. Lastly, with the limitation to two residential lots, the proposed petition should not adversely impact the existing residential land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffeting requirements of the "RSF-3" District are consistent with other residential properties in the area. FISCAL IMPACT: This rezone by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds fi.om other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes two (2) units, the total amount of residential impact fees collected at build-out will total $5,514.36. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates_. AC.~.h~3 A II'E~ DEC 1t 2001 The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local concurrency implications. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban - Mixed Use District, Urban Residential Sub-district area as identified on the Future Land Use Element (FLUE) and map of the Growth Management (GMP). This designation allows for residential land uses and certain non-residential uses including recreational facilities. Relevant to this petition, this Sub-district permits a base density of 4 units per acre. However the site is also located approximately 1,500 feet from the Traffic Congestion Area that reduces a properties eligible density by 1 dwelling unit per acre residential projects within it. The Traffic Congestion Area is identified on the Future Land Use Map and located seaward of a boundary marked by Airport Road, Davis Boulevard, County Barn Road and Rattlesnake Hammock Road. Properties adjacent to the Traffic Congestion Area shall be considered part of the area if their only access is to a road forming the boundary of the area. However, if the property also has an access point to a road not forming the boundary, then it will not be subject to the density reduction. Since the property is outside the Traffic Congestion Area but within 1,500 feet of it, staff is requesting that the density be caped at one dwelling unit per 2.27 acres. This will still allow for a maximum total of 2 residential lots as requested by the petitioner. Based on staff review for consistency with the GIMP, the proposed "RSF-3" district is consistent with the Density Rating System contained in the FLUE of the GMP. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition RZ-01-AR-1165 subject to a density cap of one dwelling unit per 2.27 acres along with the stipulations contained in the Ordinance of Adoption and Exhibits thereto. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Due to the small size and location of this site, staff has determined that there are no wetland or wildlife issues associated with this petition. As a result, no Environmental Impact Statement (EIS) is required and this petition was not required to go to the Environmental Advisory Commission (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearin.~ on December 6, 2001. Due to the holiday season, this petition was scheduled for the December 11"' Board of County Commissioners hearing. The results of the Planning Commission meeting will be presented during this BCC hearing. Because staff received a letter of opposition to ~-~one to the RSF-3 zoning district, this petition could not be placed on the summary agen, a. DEC 11 2001 3 REVIEWED BY: DATE THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPl~VED BY: JOHN 1~. DCrNNUCK, m, INTERIM ADMINISTRATOR CO~Y DEV. AND ENVIRONMENTAL SVCS. DATE RZ-01 -AR- I 165/EX SUMMARY/RVB/rb AGENDA ITEM DEC tl 2001 TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES NOVEMBER 13, 2001 PETITION NO: RZ-2001-AR-1165, MCENDREE REZONE AGENT/APPLICANT: Agent/Owner: Michae~ and Tammy McEndree 4524 Outer Drive Naples, Florida 34112 GEOGRAPHIC LOCATION: The subject property is located at 6025 Everett Street on the southeast comer of Polly Avenue and Everett Street in Section 16, Township 50 South, Range 26 East. (See location map following page). REQUESTED ACTION: The applicant is requesting the Collier County Planning Commission to make a recommendation regarding an application to rezone 4.55-acres from "A" Rural Agricultural to the "RSF-3" Zoning District to allow for a maximum of 2 single-family dwellings. PURPOSE/DESCRIPTION OF PROJECT: The property owner is requesting to rezone 4.55 acres from "A" Rural Agricultural to the RSF-3 zoning district in order to allow for the subdivision of the lot. The subject site abuts an existing RSF-5 single-family residential neighborhood to the south while to the west is the Royal Woods PUD that permits residential dwellings at a density of 3.3 units per acre. Furthermore, an RSF-3 zoned subdivision is located approximately 1,200 feet east of the subject site. The petitioner has indicated that due to the minimum lot size of 5-acres in the "A" Zoning District, they can't split their lot in order to allow a second dwelling. As a result, the petitioner is now proposing to rezone the subject site to the "RSF-3" Zoning District, which is compatible with the surrounding zoning in the area. Since the RSF-3 zoning could allow approximately 12 single-family lots, staff ~s recommending that the density be caped at 2.27 units per acre due to traffic congestion concerns m this area. In addition, the access point for the proposed residential lots will be from Everett Street, which is a local residential street. ~,C.,OO~, I~r.M DEC 11 2001 l SURROUNDING LAND USE AND ZONING: Existing Conditions: Thc subject site is a vacant wooded lot that is zoned "A". Surrounding: North: East: South: West: Undeveloped, Zoned "A" Undeveloped, Zoned "A". Developed residential, Zoned "RSF-5" Developed residential, Zoned "Royal Woods PUD" that l~mfits 800 units at 3.3 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities specifically for review for consistency with current Growth Management Plan and Land Development Code regulations. Future Land Use Element: Thc subject site is located within the Urban - Mixed Use District, Urban Residential Sub-district area as identified on thc Future Land Use Element (FLUE) and map of the Growth Management (GIMP). This designation allows for residential land uses and certain non-residential uses including recreational facilities. Relevant to this petition, this Sub- district permits a base density of 4 units per acre. However the site is also located approximately 1,500 feet from the Traffic Congestion Area that reduces a properties eligible density by 1 dwelling unit per acre residential projects within it. Thc Traffic Congestion Area is identified on the Future Land Use Map and located seaward of a boundary marked by Airport Road, Davis Boulevard, County Barn Road and Rattlesnake Hammock Road. Properties adjacent to the Traffic Congestion Area shall be considered part of the area if their only access is to a road forming the boundary of the area. However, if the property also has an access point to a road not forming the boundary, then it will not be subject to the density reduction. Since the property is outside the Traffic Congestion Area but within 1,$00 fcct of it, staff is requesting that the density be caped at one dwelling unit per 2.27 acres. This will still allow for a maximum total of 2 residential lots as requested by the petitioner. Based on staff review for consistency with the GMP, the proposed "RSF-3" district is consistent with thc Density Rating System contained in the FLUE of the Collier County GIMP. Transportation Element: Transportation Planning Staff has reviewed the applicant's request and has the following comment. The proposed rezone to the "RSF-3" Zoning District with a limitation of two lots will result in approximately 19.1 Average Daily Trips. As a result, thc proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "C" design volume) on any County road when completed. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Since Polly Avenue is part of a future north/south extension of Santa Barbara Boulevard, the Transportation Department has requested the following condition of approval. A reservation of an additional ninety (90) feet of right-of-way shall be provided along the property frontage on Polly Avenue. The property owner may dedicate or be required to dedicate upon written notice from Collier County with compensation consistent with the provisions of the Collier County Land Development Code and Consolidated Impact Fee Ordinance as each may be amended. Sewer and Water: The subject property will be connected Collier County's system that will be extended from Polly Avenue. 2 !we~r and _writer AGENDA ITEM DEC 11 2001 Other App!!cable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, t'mal plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, this project is subject to the following condition. If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Depa~t~ent contacted. EVALUATION OF ENVIRONMENTAL, TRANSPORTATION & INlrRASTRU~'-. The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the project and cause development commitments to be formulated to achieve GMP and LDC requirements. It should be noted that due to the small size of the site, no Environmental Impact Statement is required. The Current Planning Environmental Staff has approved this petition as submitted. Therefore, no Environmental Advisory Council (EAC) meeting was required for this petition. In addition, the Transportation Department has also recommended approval of the petition subject to a 90-foot right-of-way reservation. EVALUATION; Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Growth Management Plan in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of lxansportation infrastructure, other infrastructure, and compala'bility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most itrq}ormnt facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or_n~y not affect the timing of development because of subsequent permitting requirements. AGEI~I ITEM OEC 11 200! 3 p~. <~ Staff has completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review is listed under each of the criteria as noted below. A summary staff's review and conclusion is provided and culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as a separate document that is aRached to the Staff Report (Exhibit "A'). Notxvithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the subject site has access off of a local public road that is adjacent to the existing "RSF-5" zoned properties to the south. In addition, there are RSF-3 zoned lands to the east of the Agricultural zoned properties. Since the site is across the Royal Woods Golf and Country Club that is approved at 3.3 units per acre and RSF-5 zoned properties to the south, the proposed rezone to RSF-3 is compatible to these residential areas. As a result, the proposed petition should not adversely impact the existing residential land uses in the area. Therefore, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "RSF-3" District are consistent with development standards of other residential properties in the area. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on any County road by virtue of the fact that vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. Relationship to Future l &nd Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. Since the property is designated Urban Mixed-Use, Urban Residential Sub-district on the Future Land Use Map, this district permits residential uses such as proposed petition. STAFF RECOMMENDATION. Staff recommends that the Collier County Planning Commission forward Petition RZ-01-AR- 1165 to the Board of County Commissioners (BCC) with a recommendation for approval subject to staff stipulations incorporated into the Ordinance of adoption. AGENDA ITEM OEC 11 2001 PREPARED BY:, F PRAy ~, LLO~,~,,'~HIE CURRENT PLANNING SECTION REVIEWED BY: //. / ?-o/ DATE SUSAN MURRAY, AICP, MANAGER CURRENT PLANNING SECTION DATE THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: DATE JOHN M. DUNNUCK, Ill, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for December 6, 2001 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: DATE JOYCEANNA J. RAUTIO, CHAIRMAN RZ-01 -AR- I 165/STAFF REPORT/RVB/rb DEC 11 2001 REZONE FINDINGS PETITION RZ-01-AR-1165 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GiMP should be considered a positive relationship. The proposed "RSF-Y' Zoning District is in compliance with the FLUE of the GM? by meeting the Density Rating System as noted in the Staff Report. In addition, the subject 4.55-acre site shall be limited to a maXimum of 2 single-family lots. The existing land use pattern; There are existing residential dwellings to the south and west across Polly Avenue. (See Staff Report) The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed rezone to RSF-3 is similar to the approved residential properties to the south and east. The parcel if zoned to RSF-3 will not result in an isolated district unrelated to adjacent and nearby districts because it is adjacent to residential zoning and proximity to other RSF-3 zoned properties. It should be noted that other zoning districts such as the "E' Estates Zoning District could be deemed an isolated district since the subject site is located in the Urban Residential Area and there is no other Estate Zoned properties nearby. e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn and they are consistent with the FLUE of the GM?. Adjacent lands to the southeast include residential uses while lands to the nor'th contain golf course uses. EXHI~IT "A" AGENDA ITEM 2001 Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change is appropriate based on the existing conditions of the property. In addition, the proposed rezone serves as an extension of the existing single- family development to the south and the RSF-3 zoned properties to the east of the Agricultural Zoning District. Therefore, the relationship of the proposed zone change to the FLUE of the GMP is a positive one. (See Growth Management Plan Consistency in Staff Report) Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed residential two dwellings will have less impact from noise and traffic than the existing RSF-5 lots to the south. Therefore, the proposed change will not adversely influence living conditions in the adjacent residential neighborhood because the required development standards as contained in the Land Development Code have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The petition to rezone the property as requested is consistent with all applicable policies in the Transportation Element. (See Staff Report) The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from these residential lots would be defused. Conversely, urban intensification results in greater volumes of traffic on the local and arterial road system serving the subject site. Lastly, the evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Circulation Element. As a result, this petition will not excessively increase traffic congestion on any County road. In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. It should be noted that every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required io mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standar~ Ls as ~qg~l~tli~of approval. ~ f' ~ DEC 11 2001 2 IZ e 10. 11. 12. Whether the proposed change will seriously reduce Hght and air to adjacent areas; The proposed rezone will not impact the circulation of light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land, a condition that exists on the southeast side. This is a subjective determination based upon anticipated results that may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; 13. The petition is consistent with the FLUE of the GMP. Therefore, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with these plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential as made possible by its consistency with the GMP. ACaENOA ITEM DE£ 11 2001 3 14. 15. 16. 17. Whether the change suggested is out of scale with the needs of the neighborhood or the County: The proposed change to the RSF-3 zoning district complies with the GMP and is similar to the RSF-5 properties to the south and the RSF-3 properties to the east of the (Agricultural Zoning District). It should be noted that the proposed RSF-3 density will be caped at 1 unit per 2.27 acres, which allows two lots. This density is far less that the RSF-5 zoned subdivision to the south. Lastly, a policy statement, which has evaluated the scale, density and intensity of land uses, is deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? There are many other sites that are zoned to accommodate the residential use. However, this is not the determining factor when .evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, and adequacy of infrastructure. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Physical alteration is a product of developing vacant land that cannot be avoided. However, those impacts have been limited by placing a cap on the total number of dwellings that can be built to two residential lots. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GIMP established relationships. AR- 1165/RVB/rb 4 AGENDA DEC 11 2001 RZ-2001-A R- 1165 MCENDREE, MICHAEL & TAMMY PROJECT #2001070021 DATE: 7/11/01 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ~[y ABOVE TO BE COMPLEI~D BY STAFF General Information: Name of Applicant(s) X(XCx~.~ Applicant's Mailing Address ~-~ City ~ \ Applicant's Telephone # o~,.\_ '-'x-'~-'-~,,.~.~,~--~ State ~ Fax# Zip Name of Agent Agent's Mailing Address City Agent's Telep~ Agent's.E~ail Address: Fax # Zip COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 64~6968 APPLICATION FOR PUBLIC Ug-ARING FOR STANDARD R~ZONE - 02~____mm PAGE DEC 11 2001 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State .. Zip Name of Homeowner Association: Mailing Address City State . Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State . Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR STANDARD REZA)NE - 02/200~.. PA( DEC 11 200! Pi. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Perccntage of Owne~skip Date of Contract: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/20C- AGENDA ITEM DEC 11 2001 PA( ~ If any contingency claUse or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or tnmt. Name ~nd Address list all go Date subject property, acquired F"] leased I-"] Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed ieeal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: \~ Township: ~-'0 ~ Range: Lot: Block: Subdivision: Plat BookCV~' Page #: kc::~' Property I.D.#: Metes & Bounds Description: kk3 x/~. o~ Nx~xe_. Size of uroverty: ft. X ft. = Total Sq. Ft. Acres L/, ~".~ Address/~eneral location of subject 0rooertv: ~ ~) fi ~" /?'-ti ~ '//-'- ~ -]~- APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/200q [ DEC11200' [ PA_ Ad|acent zoning and land use: Zoning N E w l.~nd ~e Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: SubdiviSion: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: o Rezone Request: This application is requesting a rezone fi.om the '~S~ox~~o~.. zoning district (s) to the C,_~' ~ zoning district(s). Present Use of the Property: Proposed Use (or range of uses) of the property: Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific referent. noted below. Include any backup materials and documentation in support APPLICATION FOR PUBLIC H~ARING FOR STANDARD REZONE - 01/2000 PAGE f th~mquest. DEC 11 2001 Standard Rezone ConsiderationS (LDC Section 2. 7.2.5.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. o Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Whether the proposed change will adversely influence living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. 12. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. DEC 11 2001 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 10. 11. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. II], az amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. .Deed Restrictions: The County is legally precluded from-enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic Or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sub|eot oropert3/: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8~A'' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disaSled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be reqv Count'y, APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2~ PAGE DEC 11 2001 c. An architectural rendering of any pwposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be conSistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisionS (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); ±. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION I~OR PUBLIC HEARING I~OR STANDARD Rg~ZONE - 02T2000 PAGE DEC 1 1 2001 TRAFFIC IMPACT STATEMENT fi'IS): A TIS is required unless waived at the pm-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals:. MINOR TIS: Generally required for rezone requests for property less than 10 ac size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TlS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI / AADT Volumes Zs PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major th~grough/3 , including any anticipated changes in level of service (LOS). / / 5. Any proposed improvements (to the site orate external fight-of-way) such as providing or eliminating an ingress/egress point, or providing turn or/~ecel lanes or other improvements. 6. Describe any proposal to mitigate th~egative impacts on the transportation system. 7. For Rezones Only: State ho~ this request is consistent with the applicable policies of the Traffic Circulation Element(TCE)~f the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. / A Major TIS shall address ali~f the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Anal~]s 2. Background T~mffic 3. Futur~ Traffic 4. Through Traffic Planned/Proposed Roadway I~vement Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 PA kCI~A field DEC 1 I 2001 TRAFFIC IMPACT STATEMENT {TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assienment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. EYistine Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: an area as set forth below; or, the area in which traffic assignments firom the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft. 5 Miles 400,000 & up 5 Miles RDI where the sum of the peak-hour critical lane volume is projected to Vehicles Per Hour (VPH). In describing the RDI the TIS shall pwvide the measurement in wad miles from the proposed pwject rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersections within the APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 DEC ,, oFr. 2001 e Background Traffic~ The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shah be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Throueh Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. .,Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Pro|ect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/RJM 10/17/97 APPLICATION FOR PUBLIC HI~ARING FOR STAND~_~_~ REZONE DEC 11 2001 PAGE 11 OF 16 ADDRESSING CHECKLIST Please complete the following. Not all items will apply to every project. Items in bold type are required. Legal description of subject property or properties (copy of lengthy description may be attached) Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. SWeet address or addresses (as applicable, if,already resigned) 4. Loeation map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type (indicate which is applicable): SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (SDP Insubstantial Change) SIP (Site Improvement Plan) SIPA (SIP Amendment) Construction Plans/Plat Land Use Petition (Variance, Conditional Use, Boat Dock Extension, etc.) SWeet Name Change (SNR) Blasting Permit ,. Right-of-way Permit Clearing/Vegetation Removal Permit Excavation Permit 10. Project or development names proposed for, or'already appearmg m, eonaommlum documents (if applicable; indicate whether proposed or existing) 11. Applicant name Fax FOR STAFF USE ONLY Address Number Approved by Date APPLICATION FOR PUBLIC HEARIN(~ FOR STANDARD REZONE - 02/2000 PAGE DEC 11 2001 STATEMENT OF UTHJTY PROVISIONS FOR STANDARD RF~_~-ONE REOUEST MAILING ADDRESS: ~:~-~ (~~~' '---'~)x-~. ~ STATE ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): e LEGAL DESCRIPTION: Section: Lot: Plat Book°~-~-' Page #: \O~- Property I.D.#: Metes & Bounds Description: ~3\[7,., o~ \~. Township: ~ Range: Block: __ Subdivision: (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [-] capacity) e. SEPTIC SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT O O TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: APPLICATION FOR PUBLIC HEARING FOR STAND~Rr~ R~.7ONE _ 02/20~- 0 PAGE' A~'~A ~TEM DEC 11 2001 3 OF 16 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: · 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. l l. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/1 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 07.~2~_ AGENDA ITEM DEC 11 2001 PAGE 14 OF 16 ST.4NDA REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS 1. Completed. Application REQUIRED # OF 15' 2* 2* 2. Copy of Deed(s) and list identifying Owner(s) and aH Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized Pre-application notes/minutes Conceptual Site Plans 15* Environmental Impact Statement - (EIS) 4 Aerial Photograph - (with habitat areas identified)~ Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 10. Historical & Archaeological Survey or Wai~er 4 Application ~q 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be . made payable to Collier County Board of Commissioners 14. Other Requirements - * Documents required for Long-Range Planning Review * 1 additional cop! if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failur~ to include aH necessary submittal information may re~t~¢ ~aY~f Procr~g fl~~. Ag~Applicant Signature Date APPLICATION FOR PUBLIC HEARING FOR STANDARD RF. ZONE- 02/20~-- PAGE 151 NOT DEC 11 2001 AFFIDAVIT We~l, ~ ~ ~l~[b~v being .first duly sworn, depose and say that we/I the /ro ~er described herein and which is the subject matter of the am/are the owners of p ,pty proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. _, ~l / ~-----. to act t As property owner We~I further authorize as our/my representative in any matters regarding this Petition. Signature of Property Owner ~ig~Owner Typed'or Printed Name of Owner Typed or Printed~me of Owner EXPIRES: Septmnber 3, 2003 State of Florida County of Collier The foregoing instrument was acknowledged before me this ~22~ o day of 0 V ~ ~ , · 200 [ , by Qf'~t /~ c ~'~ who ~ personally ~own to me or has produced ~t o~ ~t~ ~ as ident~cation. (Print, Type, or Stamp Comm~sioned Name of Nota~ PubliO APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2000 DEC 11 200! ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE Vv'I-IICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~ NUMBERED 0616S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUi'qTY, FLORIDA, FROM "A" AGRICULTURAL TO "RSF-3" WITH A DENSITY CAP OF ONE DWELLING UNIT PER 2.27 ACRES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael L. and Tammy S. McEndree petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 16, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "RSF-3', and the Official Zoning Atlas Map numbered 0616S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: Exhibit "B" SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2001. BOA.RI) OF COUNTY COIMMISSIONERS COLLIER CO~, FLORIDA BY: JAMES D. CARTER, PhD., CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK AGENDA ITEM DEC 11 2001 Approved as to Form and Legal Sufficiency Maxjor~ M. Student Assistant County Attorney RB/Io/R.Z-2001 -A R- 1 ! 65 ITEM DEC 11 2001 LEGAL DESCRIPTION BEING A PARCEL OF LAND LYING IN SECTION I6, TO~/NSHIP 50 SOUTH, RANGE 2.6 EAST AS RECORDED IN OFFICAL RECORDS BOOK 975, PAGE 105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLO~/S~' THE ~/EST ONE HALF OF THE SOUTH'/EST ONE ~UARTER OF THE NOR TH~/ES T ONE QUARTER OF THE SOUTH'/EST ONE ~UARTER OF SECTION 16, TOWNSHIP 50, SOUTH, RANGE 26 EAST, LESS ROAD RI6H T-OF- ~IA Y, SUBJECT TO RESER VA TION RESTRICTION AND LINITATIONS OF RECORD, AND TAXES FOR THE YEAR 1982 AND SUBSEQUENT YEARS. EXHIBIT "A" DEC11 2001 CONDITIONS OF APPROVAL CRZ-01-AR-11651 b) c) d) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The number of single-family lots that can be created from the subject 4.55-acre site shall not exceed two (2) lots at a density of one dwelling unit per 2.27 acres. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final plat approval. A reservation of an additional ninety (90) feet of fight-of-way shall be provided along the property frontage on Polly Avenue. The property owner may dedicate or be required to dedicate upon written notice from Collier County with compensation consistent with the provisions of the Collier County Land Development Code and Consolidated Impact Fee Ordinance as each may be amended. EXHIBIT "B' DEC 1 1 2001 EXECUTIVE SUMMARY An Ordinance Amending Many Substantive Provisions Throughout the Collier County Ordinance No. 95-66, as amended, the "Collier County Public Vehicle for Hire Ordinance." OBJECTIVE: Staff requests that the Board of County Commissioners adopt the attached, proposed Ordinance, to make many substantive and non-substantive amendments throughout Collier County Ordinance No. 95-66, as amended, the 'Collier County Public Vehicle for Hire Ordinance." CONSIDERATIONS: In accordance with directions to do so from the Board of County Commissioners, staff and the Public Vehicle Advisory Committee have held several workshops in the drafting of this proposed Ordinance, including obtaining input from representative of the regulated individuals and entities. Staff is recommending to the Board a comprehensive re-write of the current Public Vehicle for Hire Ordinance. Many of the proposed amendments are minor and non-substantive. The major proposed substantive amendments are as follows: Exempting from the Ordinance (a) transportation services that are provided pursuant to a contract with the Community Transportation Coordinator, or (b) are provided by another government or governmental agency, and (c) are vehicles specifically authorized to transport the 'Transportation Disadvantaged"; Also allowing that the membership of the five (5) member Public Vehicle Advisory Committee can be with 2 or 3 members who are not affiliated with the vehicle for hire industry; Also providing that an excessive number of violations of this Ordinance can be grounds to remove a member of the PVAC who is affiliated with a regulated vehicle for hire entity; Also clarifying that violations of the County's Sign Ordinance or the County's Occupational License Tax Ordinance are by reference violations of this Ordinance provided the respective "other ordinance" violation applies to a vehicle for hire or vehicle for hire physical site (facility). Also adding new requirements to the 'Minimum Vehicle Standards"; Requiring annual vehicle for hire inspections to be conducted by inspectors who are then qualified by the State to conduct such inspections. Also requiring that standard form vehicle operator's "identification cards' be issued by the County and be in the possession of the respective driver. Requiring that Staff be notified whenever a taximeter is calibrated, re-calibrated or adjusted. Clarifying provisions related to subcontracting vehicles for hire. Raising the taxicab rate for each two-tenths of a mile after the first one-tenth of a mile from 35 cents to 40 cents so that this revised mileage rate coincides with the calibration limitations of taximeters. Reducing the time for mandatory retention of daily manifests (tdp logs) from three years to one year. Requiring that Staff be notified in writing whenever a vehicle operator's license is suspended or revoked. Requiring that all vehicles for hire certificated under this Ordinance, including long-term and short-term subcontracte~ veht~Fd~,A ~TF.~ DEC 11 2001 Pl. / must display the appropriate-Collier County issued "decal." Requiring that each vehicle for hire business that is required to have a Collier County Occupational License must keep specified records at the occupationally licensed site. Providing that each vehicle for hire business certificated by Collier County pursuant to this Ordinance shall not operate as a vehicle for hire during any time that all required insurance is not in force. Adding specifics to the disciplinary procedures and quasi- judicial hearings. Authorizing imposition of civil fines up to $25 per day for violations of this Ordinance, and/or the sign Ordinance and/or Occupational License Tax Ordinance if the other Ordinance is applicable to the vehicle for hire or the vehicle for hire facility or site. Providing that annual certification shall not be reviewed by Staff if any fines, fees or charges imposed by this Ordinance (or by the Code Enforcement Board) have not been paid in full. Providing that violations of this Ordinance can be referred by the PVAC or the PVAC Staff for enforcement to a Code Enforcement Board; Providing a delayed enforcement date of January 1, 2002. FISCAL IMPACT: No fiscal impact is anticipated other than collection of relatively insignificant revenues that may be generated by imposition of the $25 per day civil fines. It is impossible to estimate the amount of such revenues. The vast majority of violations of this Ordinance are settled summarily without formal proceedings or need to impose fines. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: Subject to input at the public headng, that the Board of County Commissioners adopt the attached, proposed Ordinance to amend the current Collier County Vehicle for Hire Ordinance. PREPARED BY: I ~V~'~ ~ DATE: I[ '"q - ~ { Tom Palmer, Assistant County Attorney Michelle Edwards Arnold Code Enforcement Director Job I~Jnn~k~ Ill, Interim Administrator Community Development & Environmental Services APPROVED BY: AC~J~A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ORDINANCE NO. 2001 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 142 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (ORDINANCE NO. 95-66, AS AMENDED) THE COLLIER COUNTY PUBLIC VEHICLE FOR HIRE ORDINANCE; AMENDING DEFINITIONS; ADDING PROVISIONS TO VEHICLE STANDARDS; REQUIRING ANNUAL VEHICLE FOR HIRE INSPECTION REPORTS; REQUIRING NOTICE TO STAFF WHEN A DRIVER'S LICENSE IS SUSPENDED OR REVOKED OR THE DRIVER COMMITS SPECIFIED CRIMES; ALLOWING SUB- CERTIFICATES; REQUIRING VEHICLE OPERATOR IDENTIFICATION CARDS; ELIMINATING THE GRACE PERIOD FOR ANNUAL RENEWAL OF CERTIFICATES; PROVIDING FOR CIVIL FINES OF $25 PER DAY FOR FAILURE TO COMPLY AS REQUIRED WITH WRITTEN NOTICE OF VIOLATIONS OF THIS ARTICLE AND/OR ORDINANCES INCORPORATED BY REFERENCE; PROVIDING FOR APPEALS TO THE PVAC; ADDING SPECIFICS TO DISCIPLINARY PROCEDURES AND OTHER PVAC HEARINGS; AUTHORIZING IMPOSING CIVIL FINES UP TO $25 PER DAY FOR VIOLATIONS; PROVIDING THAT THE ANNUAL CERTIFICATION SHALL NOT BE RENEWED IF ANY FINES, FEES OR CHARGES HAVE NOT THEN BEEN PAID N FULL; AUTHORIZING CODE ENFORCEMENT BOARDS TO ENFORCE THIS ORDINANCE IF THE COMPLAINT IS REFERRED BY THE PVAC OR PVAC STAFF TO THE CODE ENFORCEMENT BOARD (IN WHICH EVENT ALL BOARD AVAILABLE REMEDIES APPLY); PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WITH A DELAYED ENFORCEMENT DATE OF JANUARY 1, 2002. WHEREAS. the PVAC has held several workshops to complete a thorough review of the current Public Vehicle for Hire Ordinance, including input from representatives of some businesses that are currently certificated by the PVAC; and WHEREAS, Staff and the Public Vehicle Advisory Board have recommended a comprehensive re-write of the now existing Public Vehicle for Hire Ordinance. Many of the proposed amendments are minor and non-substantive. The major proposed amendments areas follows: Exempting from the Ordinance (a) transportation services that (a) are provided pursuant to a contract with the Community Transportation Coordinator, or (b) are provided by another government or governmental agency, or (c) are provided by qualifying vehicles to transport the "transportation disadvantaged"; Also allowing that the membership of the five (5) member Public Vehicle Advisory Committee can be with 2 or 3 members who not affiliated with the industry; Also providing that an excessive number of violations of this Ordinance can be grounds to remove a member of the PVAC who is affiliated with a regulated entity; Also clarifying that violations of the County's Sign Ordinance or Occupational License Tax Ordinance can be violations of this Ordinance provided the respective "other ~rdinaq~:e" violation can apply to a vehicle for hire or vehicle for site or facilit ; Also.,lt~i~D~ requirements to the "Minimum Vehicle Standards"; Also reqL ring i~nual vehicle for hire inspections to be conducted by inspectors who ha~ the State; Also requiring that standard .form vehicle oper ~tor's..3dentification cards" be issued by the County; Also requiring that staff be lotif~vh~n~gv~,~)~l Underlined text is added; Struck-thrcu~h text is eteP~'-'2) _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 taximeter is calibrated, re-calibrated or adjusted; Clarifying provisions related to the subcontracting of vehicles for hire; Raising the taxicab rate for each two- tenths of a mile after the first one-tenth of a mile from 35 cents to 40 cents so that this mileage rate will coincide with calibration limitations of taxi-meters; Also reducing the time for mandatory retention of daily manifests (trip logs) from three years to one; Also requiring that staff be notified in writing whenever a vehicle operator's license is suspended or revoked; Requiring that all vehicles for hire certificated under this Ordinance, including long-term and short-term subcontracted vehicles, must display the appropriate Collier County issued 'decal"; Also requiring that each vehicle for hire business that is required to have a Collier County Occupational License must keep specified records at the occupationally licensed site; Also providing that each vehicle for hire business certificated under this Ordinance shall not operate as a vehicle for hire during any time that the required insurance is not in force; Also adding specifics to the disciplinary procedures and quasi-judicial hearings; Authorizing imposing civil fines up to $25 per day for violations of this Ordinance; Providing that annual certification shall not be reviewed if any fines, fees or charges have not then been paid; Providing that violations of this Ordinance can be referred by the PVAC or the PVAC staff for enforcement to the Code Enforcement Board; Providing a delayed effective date of December 31,2001; and WHEREAS, The Board of County Commissioners accepts the recommendations of the Public Vehicle Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Chapter 142 of the Collier County Code of Laws and Ordinances (Ordinance No. 95-66, as amended) is hereby amended to read as follows: "ARTICLE I. IN GENERAL. Sec. 142.1 - 142.25. Reserved. ARTICLE II. TAXICABS AND CHARTER SERVICES. DIVISION I. GENERALLY. Sec. 142-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. "Applicant" means an individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise applying to the County for a certificate to operate or other request. "Certificate" means a Collier County certificate to operate that grants wdtten authc.'~'.; authorization under this article te-an-ewn~ to operate a motor vehicle for hire company within Collier County. "Charter Service" means any chauffeur-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetermined hourly, daily, weekly, monthly, or door to door price. Gl arter AGEI~AITEN service vehicles shall include, but not be limited to, the following four classifications: Underlined text is added; Text ~ is deleted DEC 1 i 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 (1) "Sedan" means a four-door, full sized automobile capable of seating not more than !h=t five passengers, exclusive of the driver. (2) "Limousine" means a luxurious, large passenger vehicle, built or modified for use as a luxury limousine (e.g., formal or extended limousine) (3) "Van" means a passenger vehicle recognized as either a minivan or full sized passenger van capable of seating not more than 14 passengers, exclusive of the driver. (4) "Handicap vehicle" means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with non-emergency conditions where no medical assistance is needed or anticipated in route; or for persons who are unable to comfortably use a standard means of conveyance; or for persons who cannot enter, occupy or exit a vehicle without extensive assistance; or where specialized equipment is used for wheelchair or stretcher service; and where the chauffeur serves as both a chauffeur and attendant to assist the door-to-door or bed-to-bed service. No emergency equipment other than a fire extinguisher and first aid kit may be carried. The use of the word "ambulance" may not be used and no representations may be made that any medical service is available. The word "non-emergency" must be prominently displayed on the outside of the vehicle. "Color scheme" means any distinctive combination of two or more vehicle for hire colors, includinq the letterinq and/or Io.qo, that distin.quish the vehicles of one vehicle for hire business from another vehicle for hire business. "County Manager .~.dm!n!=.'rctor" includes staff designees of the County Mana.qer Adm n =!r=tcr excepl where the context logically prohibits such inclusion. "Driver" means any ~ individual prcccntmg in actual possession of a County issued Identification card, and a valid driver's license (operator's permit) that authorizes all respective driving privileges) and who is then employed, or permitted by a certificate holder, to drive or operate a permitted vehicle upon the streets of the County pursuant to this article. "Holder" means an individual, firm corporation, partnership, company, association, joint stock association, or other type of organizational enterprise to whom a certificate to operate has been issued. "Manager" means any person responsible for the day-to-day operation of the certificate holder. "Motor vehicle for hire" means any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets on the County with the intent to receive compensation for providing such transportation and shall AGENDA ITEM include, but not be limited to, the classifications: taxicab, and charter servic~:~- ~/~ vehicles, and non-emerqencyvehicles. DEC 1 1 20§! Underlined text is added; T~YI o* .... u_,h ..... h is deleted R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 39 4O 41 42 "Owner" means any individual, firm, corporation, partnership, company, association, joint venture, or any other typo of organization enterprise owning a ten percent or greater interest in an Applicant for a certificate to operate and/or a vehicle for hire company. "Pick-up" means whenever a passenger/customer sits in a vehicle for hire for the purpose of being transported for a fee except successive picking-up of the same passenger dudng a continuous tdp when the passenger departs the vehicle for a short time and the vehicle and ddver wait at that location and the passenger returns and continues the trip. "Public Vehicle Advisory Committee" (PVAC) means the five-member ad'.'!sc.'¥ committee existing pursuant to this article. "Public Vehicle Board" means the Board of County Commissioners. "Scheduled" means the transportation of persons on pre-determined points of oriqin, destination, or schedule of service. "Staff" means employees of the Code Enforcement Department who administer, enforce, requlate or interpret provision of this Article. "Subcontracted vehicles" means vehicles for hire not necessarily based in Collier County, that are leased to or operating under a subcontract with a company that has a Collier County occupational license and a certificate to operate from Collier County issued pursuant to this Article. Each s,~Lcccntracted ,,,.hi,-,i,.o .,'"".'Jst ,.,,.,tbc app,-,,4i-,,-~ tags ............... frcm bc:ng "Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4} doors., equipped with a top light, designed to accommodate not more than eight passengers, exclusive of the ddver, oporated for compensation at rates based upon the distance traveled and authorized by this article, recorded and indicated by a taximeter in operation when the vehicle is in use for transportation or any passenger or property, and the route or destination of which is controlled by the passenger therein or the individual who hired the taxicab for that trip. "Taximeter" means any approved internally mounted device with records and indicates a rate or fare to be charqed to a passenqer of a Vehicle for hire. measured by distance traveled, waiting/standing time, and other items of charge. All taximeters must comply with the then most current edition of the National B4a~.ea~ Institute of Standards and Technolo_qy, Handbook 44. "Temporary vehicle pormit" means a temporary vehicle permit subcontracted vehicle (or a short term rented or leased vehicle for hi~ not otherwise certified as a vehicle for hire in the County. Underlined text is added; Text str'-'c~lthrc"-'gh is deleted sue~.o~ that is DEC 11 2001 PI. z~(J~) - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 "Vehicle for hire business" comp~,'-,y means any individual or entity holding a Collier County certificate to operate and which holds permits for one or more vehicles for hire, under one or more categories of vehicles for hire, and either provides leased vehicles to drivers to be used or operated as vehicles for hire or which operates a central dispatch for one or more vehicles for hire. "Vehicle decal" ~ means a color-coded vehicle pem~t decal issued annually to the current certificate holder authorizing the holder to operate for hire the motor vehicle to which the vehicle permit decal is affixed. Onc ';ch!c!c permit ............... ,. ............... perm=hen cf tho Sec. 142-27. Applicability. The provisions of this article shall be applicable to and effective in all now existing or future incorporated areas and in all unincorporated areas of the County. It shall be the duty of all County and municipal Code Enforcement Officers to enforce these provisions within the territorial areas of their respective jurisdictions. This d!v~s~on article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout a~l the County. No certificate or permit issued pursuant to this article shall be construed as a .qrant tn authorize the certificate or permit holder to enrage in any business at any airport located on any County or municipal property or operated by the County or by any municipality. Nothinq in this article shall affect any ordinance of any municipality. Sec. 142-28. Exemptions. The followin,q cateqories of Vehicles for hire shall be exempt from all provisions of this Article: (a) Any owner or transportation provider which has been designated as the community transportation operator as defined in F.S. Section 427.011, Florida Statutes1 or transportation services provided pursuant to contract with the Community Transportation Coordinator !~ hcrcby cxc.m.p.* ~-^'-- *h;,, ~,*:~.~. provided, however, that any such vehicle that is also used as a motor vehicle for hire other-than exempted uses as specified herein shall require a certificate for such non-exempt use(s). (b) Excmp! ftc.re, thio =."tJc!c =rc: Vehicles operated by a gove agency; companies or organizations owning (or rentina) vehicles thai exclusively for transportation of the employees or members of said c~ Underlined text is added; Text ctruc~ thrcugh is deleted 3men~A ITEM mP~ I 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 35 36 37 38 39 40 41 42 o~.- ...... ,~,..,. ~ A ........ Also =nd trans ation organization; vch!c~cc ....... = ...... ~- ...... ~ .... activities licensed by the Interstate Commerce Commission or any other ,qovernment or aqency of any ,qovernment so long as such vehicles are engaged solely in interstate commerce or other activities authorized by the respective license. (c) Discharge of passengers within Collier County picked up in another county ~ ~. .......... prowded that the vehicle and operator were authorized to pick up the respective passenger(s) in the originating county and location of pick- up. (d) ................... b'--'::c:, h ...... Vehicles operated under or pursuant to a franchise from the County. (e) Vehicles limited to providinq transportation services for the Transportation Disadvantaqed provided the vehicle is cleady and distinctly marked as a vehicle only for transportation of transportation disadvantaqed persons and no emerqency equipment other than a f re extin,quisher and first aid kit shall be carried. Neither the word "emerqency" nor any other word which may imply that emerqency medical services are available shall be displayed or .advertised. Sec. 142-29. Public Vehicle Board. A Public Vehicle Board shall consist of the Board of County Commissioners. The Board of County Commissioners, as the Public Vehicle Board, shall have the rights to license, regulate and control the rates and the total number of motor vehicles for hire operating on the streets from within the County. Sec. 142-30. Public Vehicle Advisory Committee. (a) The Public Vehicle Advisory Committee is her. ei,o~4er referred to herein as the "PVAC." (b) The PVAC shall consist of five members and one alternative member; Not less than two nor more than three members shall be holders of certificates of public convenience and necessity to operate a motor vehicle for hire business and not less than two nor more than three members shall be Fcrscn--. individuals who are in no way affiliated or associated with any holder of a certificate of public convenience and necessity. Members of the PVAC shall be appointed by and serve at the pleasure of the Public Vehicle Board. All ~..~!d members shall be permanent residents and electors of the County. Appointment of members of the PVAC shall be by resolution of the Public Vehicle Board, which resolution shall state the date of appointment and term of office. The alternate member shall vote only in the absence of a quorum bcc=u=c cf conf!!ct cf !ntcrc=t cr abcc mc.m. bc::. All PVAC members shall attend all meetinqs whenever po shall not miss more than three (3) consecutive meetin,qs without bein0 by the Chairman1 or Vice-Chairman in the absence of the Chairman. Underlined text is added; Text ¢t.".:c~ thrc'.:'gh is deleted AGE. I~I)A i'rrr.]~ sibl~,j~nd ~/~.~ excused 'hre~EC 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 35 36 37 38 39 4O 41 42 unexcused absences shall be ,qrounds for automatic termination of that membership by the Public Vehicle Board. A findinq by the Public Vehicle Board of an excessive number of violations of this Article, or failure to promplly correct R violation or violations of this Article by a member or by a certificated entity associated with a member shall be qrounds for removal of that member from the PVAC. Notwithstandinq any other County Ordinance, members of the PVAC may be reappointed without term limits by simple maiority vote of the Public, Vehicle Board. (c) The County Manaqer ~ shall designate a member of his staff to serve as liaison and to coordinate with the PVAC. (d) The functions, powers and duties of fhe PVAC shall be to: (1) Review and approve applications for each certificate to operate, permit, etc., pursuant to this article. (2) Review and approve taxicab color schemes pursuant to this article. (3) Review and make recommendations to the Public Vehicle Board regarding issues related to the motor vehicle for hire business, includinq rates and charqes. (4) Hold meetings at least quarterly if there is business to be conducted before said committee. (5) Conduct hearings as appropriate. (e) Officers of the PVAC shall be elected by majority vote of the PVAC. Election of Officers should occur at the first meetinq followinq October 1 of the respective calendar year. There are no Officer term limits for the Chairman, Vice-Chairman, Secretary, or any other Officer of the PVAC. Sec. 142-31. Unlawful _Q_peration of Vehicle for Hire. It shall be u~!a';.'f,u! a violation of this article for any person to operate or to permit operation of a motor vehicle for hire in Collier County in violation of any provision(s) of this article. Alt vehicles for hire must also comply with all applicable provisions of all County Ordinances includin.q the Siqn Ordinance and the Occupational License Tax Ordinance, and must comply with all applicabl~. Florida and federal statutes, which may be a violation thereof irrespective of whether the vehicle is then beinq operated as a vehicle for hire. Sec. 142-32. Minimum Vehicle Standards. (a) It shall be '_m!-~;;.'f',:! a violation of this article to operate or for any person or any vehicle for hire entity to permit the operation of a motor vehicle for hire unless the following minimum vehicle standards are complied with or exceeded and the vehicle is maintained in proper operating condition. (1) Speedometer, and taximeter if applicable, properly installe working order and exposed to the view of both the driver and the pass The taximeter must be lighted at all times whenever a passenger is bE Underlined text is added; Text struck through is deleted AGENDA ITEM ngers_. DEl; 1 1 2001 1 transported for hire in the vehiele taxicab. Each taximeter shall be inspected, 2 approved and sealed pursuant to Chapter 531, Florida Statutes, and/or all then 3 applicable roles and requlations. No vehicle for hire other than a taxicab shall be 4 equipped with or contain a taximeter, whether or not the meter is in operation 5 (2) Intedor must be clean, sanitary, free of f;om tom upholstery or torn 6 floor coverings and free from damaged or broken seats. Seat covers shall be 7 permanently attached or fixed to the seats of the vehicle, and have no exposed 8 wire or sharp edges from metal, hardened vinyl, or otherwise. The rear seat 9 must be of a type, size and mounting approved by the vehicle's manufacturer. 10 No broken springs, sagging or horizontal slippage is allowed in any eithe~ seat. 11 Floor covering material shall be secure and shall contain no rips or lose folds. 12 The vehicle floor shall be free from rust and holes. 13 (3) All doors must have operating handles that allow opening from both 14 inside and outside. Handles, knobs and armrests must be free of breaks and 15 must be securely mounted. Door hinges and hold stops must function correctly. 16 Door seals and gaskets must be intact and be operating to seal water and bad 17 odors from entering the passenger compartment from outside. All door panels 18 must be intact to prevent injuries on door and window mechanisms. 19 (4) Vehicle must be structurally sound and mechanically operable with a 20 minimum of noise and vibration, and must have an operational parking brake and 21 a primary brake system that acts on all four (4) vehicle wheels. There shall be no 22 visible leaks in the brake line, wheel cylinder or any part of the brake system and 23 no frayed cables. All primary brake systems shall demonstrate a reasonable total 24 brakinq force, when tested, usinq the "quick stop method" with the vehicle for hire 25 operating as a speed of at least twenty (20) miles per hour. Brake lininqs and 26 disk brakes, when measured at the thinnest point, shall not be less than one- 27 sixteenth (16~h) of an inch. Brake lininqs and/or pads shall also be firmly attached 28 to the brake shoe and/or disk coupler. Disk brake rotors and brake drums shall 29 be of a size and type appropriate for the vehicle, with no brake cracks or other 30 damaqe that chanqe or impair the functional surface. 31 (5) The body, fenders, doors, trim and grill must be free from holes, 32 cracks, breaks and dents which may endanger pedestrians or passengers. 33 (6) For Taxicabs, a rate schedule in English and Arabic numerals 34 prominently displayed as specified in Sec. 142-34(b). 35 (7) Proper functioning interior light, headliner, dashboard, head rests, 36 windows, qear shift and windshield wipers. 37 (8) Vehicle for hire must be free from hazards, including but not limited 38 to, slippery floors, sharp edges, and unpadded interior door head clearances. No 39 loose objects or externally mounted speakers shall be placed c~ *.~.'" '~' ~'~'~"'~ 40 the rear seat. No decorations or other objects will be permitted to g i~ie. 41 Tc~!c=bs a vehicle for hire. DEC 1 1 2001 Underlined text is added; Text s..'-' ...... ;c'.'~.. ~s deleted Pg, ~) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 (9) Exhaust emissions must be free of smoke. There shall be no leakage of fuel at any point in the vehicle's exhaust system. The tailpipe shall discharge exhaust only from the rear of the vehicle. ^- ~,~^~ ,,~ ccm~.c~mcnt. No part of the exhaust system may pass through or leak into the vehicle. (10) Tires shall be of the correct size as approved by the vehicle's manufacturer, with no mismatched size tires on the vehicle. There shall be no cuts into the tire cord or sidewall area, or spots that expose the ply. No tire shall have less than 2/32 inches of tread remaining when measured in any two groves at three equally spaced intervals around the circumference of the tire. When the tire has tread wear indicators, no tire shall have indicators that contact the road in any two groves at three equally spaced intervals around the circumference of the tire. (11) Steering mechanism and directional signals must be maintained in operating condition. Steering mechanisms shall not be worn or jammed. There shall not be more than two inches play to the left or right of center measured at the steering wheel rim with the road wheels in a straight ahead position on wheels up to 18 inches in diameter, or three inches of play on wheels over 18 inches in diameter. (12) ';ch!c!c permits m'.:'s', a!';:~;,'s bs d!cp!aTc-J. The windshield, side and rear windows must be operational, and be assembled with no breakaqe, cracks or pits that may impair visibility or hinder the safety of passenqers No windows on any Vehicle for hire shall be composed of, or treated with, any material that would cause the vehicle to be in violation of Section 316,295, Florida Statutes. Except to the extent then required by law, no siqna.qe or text shall be affixed to or displayed in any vehicle for hire vehicle window except one (1) vehiclo identification number assiqned to the vehicle may be affixed to, or displayed from, the rear window or one side window. Such identification number shall be displayed horizontally and shall not exceed five (5) inches in heiqht. (13) All vehicles for hire shall be equipped with properly operating horn, air conditioning and heating systems, head li.qhts, turn si.qnals, factory installed brake li.qhts and replacements, all tail li.qhts includinq "in reverse" liqhts, and li.qht situated to illuminate and make clearly le.qible the rear license plate. (14) .~.!! ':ch!c!cc fo: h!:e ..'n.'.'ct ccmT.!~,' "'"*~' '-" -- 7..~.'~-~ r, .... ~,. · --~-' ........ ,~ ~..,p~,~,~ m,,,:,~ ~,,,~ ~^.~,,,~ ~,~,,,,^~ Vehicles that have been modified, such as stretch limousines, must meet all State and Federal standards that apply the vehicle. Seat belts must operate and be easily accessible to all passengers. Seat belts that are under the seat or between the lower and upper portions of the seat are not considered to be easily a, (15) Each certificate holder shall be responsible for ensuring vehicle for hire owned, operated, leased to, or otherwise controlled by with this article, with other applicable County Ordinances, and with apl Underlined text is added; Text s!r'.:'c~ t~;c,JG~ is deleted complies 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every certificate holder shall cause every such vehicle !or ~'~ *~'~* ~* ....... ~^o i .......... ~-~'~o to be pass an inspection by an inspector employed by or under contract with a Florida licensed repair shop ~ at least once every r~ twelve {12) months to ensure that each such vehicle for hire complies with the minimum vehicle standards of this article and with applicable provisions of Chapter, 316, Florida Statutes. The certificate holder shall maintain a permanent registry containing infon'nation on the identity of each vehicle for hire inspected, and a written document siqned by the qualified inspector that includes the date of the inspectio~ and the nature of any deficiencies or defects discovered, plus a PVAC approved standard form inspection list suoplied by staff that lists the items that must pass inspection. The certificate holder shall acquire and retain written evidence of all remedial actions and e~ services performed, and the name, address and telephone number of each the inspector, repairer and/or mechanic, plus the name, street address, local telephone number, and the Motor Vehicle Repair Reqistration Certificate number then issued by the Florida Department of Aqriculture and Consumer Services for that repair facility's specific location {pursuant to Chapter 559~ Florida Statutes, as now or hereafter amended or renumbered, or any successor in function Statute, rule or requlation). Each such permanent registry and inspection, deficiency and repair, documentation shall be made available for inspection and/or copying by the County during the certificate holder's regular business hours. The ori.qinal then most recent inspection form for the vehicle and papers that prove completion of repair of all items, if any, that failed the last vehicle inspection must be presented to staff prerequisite to acquirinq that. vehicle's initial certification o~ renewal thereof. A vehicle for hire which fails to meet the operating and safety requirements of this article., of Chapter 316, Florida Statutes, and/or 3~d any other applicable law, rule, and regulation shall not be operated in for the transportation of passengers for hire while such defect or deficiency exists. (b). All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished within 15 days from notification of the violation. Notification of any such violation by staff shall be in writing and be hand delivered or delivered by certified mail, return receipt requested, or by other lawtul means of service.. The date of receipt of the notice of violation shall commence the running of the fifteen. ~.15). day period. The vehicle shall not be operated as a vehicle for hire until the failures are certified as havinq been corrected. Failure to correct any such violation within 15 days shall be a violation of this article. (c) Nothinq in this Article shall be construed to effect any asp~ Chapter 316, Florida Statutes, includinq any traffic citation issued by enforcement officer, includinq for unsafe operation of the vehicle or I: Underlined text is added; Text ~ is deleted ;t of A~A ITEM :causa. tbe. uC.L., 2001 L Pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 vehicle is not properly equipped as referenced in Section 316.610, Florida Statutes, or otherwise. Sec. 142-33. Driver's Service Standards. (a) In accepting passengers, no vehicle for hire driver shall discriminate on the grounds of race, color, national origin, gender, religion, creed, politics, or affiliation with any group. Drivers may refuse service to any person who is disorderly or !c =~,'~.v.v~.. who causes the driver to have a reasonable apprehension of fear for his property or lc; h~s the driver's safely. (b) No operator/driver shall refuse to accept any passenger desiring service because of short or long haul destination. Drivers shall transport passengers to their destination by the most direct available route from the place where the passenger enters the vehicle for hire unless a different route is requested at the initiative of the passenger. No person shall be admitted to a vehicle for hire occupied by a passenger without the consent of the passenger. (c) Upon request, a receipt shall be given by the driver on conclusion of the trip, showing the name of the driver, vehicle number, year, month, and date, thee starting time, the place of origin and destination of the trip, the amount of fare collected, and the number of passengers, and the total miles or units accumulated during the trip. (d) ~'~' '~-~ ..... ~'~'~ .....~" 'o~"~ ~ .........vr ~,~ .~i ..... ~ ..... ~,, ~,, passc.q.~cr. Any electrical device such as a radar detectorFfuzz buster," or police two-way or similar scanner, or two-way radio frequency monitor is prohibited within the vehicle for hire. (e) No driver shall operate any vehicle for hire whose vehicle permit or certificate has been suspended or revoked, and must clearly display (visible to all passen.qers) a then valid and unexpired driver identification issued to that driver by the County. (f) No driver shall solicit any passenger in fe~ any hotel, lounge, nightclub, restaurant, bar, boardinghouse, or any other commercial establishment without expressed permission to do so from the manaqement of the respective entity. (g) Personal property left in any vehicle for hire shall be retained for ninety (90) days, after which the property may be considered to be abandoned if the notice requirements of Chapter 705, Florida Statutes, have been met. (h) No certificate holder, permit holder or driver shall possess at its place of business, dispatch operation, buildinq, or in any vehicle for hire any device desiqned-to be used for monitorinq any competitor's radio frequency. (i) No driver of a motor vehicle for hire shall consume any alcoholic bevera.qe or any controlled substance, or be under the influence of ~ny al~-A I _TEM,., bevera.qe or controlled substance while on duty or while drivinq a v( hicle ~'H~---~ DE[; 11 2001 Underlined text is added; Text *..truck !h.ro-'-?,~ is deleted 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 37 38 39 40 41 42 {i) At all times when the vehicle for hire is beinq operatinq as a vehicle for hire, the driver thereof must display his/her Collier County issued Ddver's Identification card so that the I.D. is clearly visible to passenqers. The text of the ID Card must by in En.qlish and must include a color photeqraph of the driver, the emboldened Card number assi.qned to that driver from the County must be in emboldened text and must include a telephone number that can be called to contact the PVAC Staff, and must include 'Receipt for cash payment available upon request" and "How was your service?" Additional details reqardinq the ID Card, such as its size, shape and text can be modified from time-to-time by resolution(s) adopted by the PVAC. No one except an authorized County employee shall in anyway alter any such County issued ID Card. Sec. 142-34. Designation of Vehicles for Hire; Subcontractin.q Vehicles for Hire. (a) All taxicabs utilized by the respective certificate holder shall be painted in the color scheme approved by the PVAC. All changes in color scheme must comply with the procedures outlined in subsection 142-52(=)(7). The name of the certificate holder shall be clearly displayed on the car in lettering which is at least three inches in height and is clearly visible. The lettering must be permanently affixed to the vehicle. Magnetic signs are prohibited. All taxicabs must have a permanently mounted top light at least ten inches wide (wide side facing to the front) and four inches in height, mounted on the roof of the cab and illuminated with a tell-tale light indicating when the cab is occupied. The top liqht shall used only to indicate whether the vehicle is at that time available for vehicle for hire business. (b) SCHEDULE OF FARES. The owner/operator shall post the then applicable schedule of fares and charges in the taxicab, which schedule shall be clearly and conspicuously visible to passengers. The words "rate," "rates,' or "rates of fare" shall ~rccccd precede the rate statement, which shall be fully informative, self-explanatory, be readily understandable by the ordinary passenger, and be the same as that rate for which the taximeter is calibrated. The rate schedule shall be of a permanent character or be protected by suitable transparent protective cover material. If the PVAC adopts any standard form schedule{s), such schedule(s) must be displayed. (c) TAXIMETER. Each taxicab shall be equipped with a taximeter that meets all specifications, tolerances, and other technical requirements for taximeters required by the then most current version of Handbook H.44, National Institute Bureau of Standards and Technoloqv. The face of every taximeter shall at all times be visible from the taxicab's passenger compartment and shall be illuminated so that passengers may ascertain the amount of the fa~ by the taximeter. The signal affixed to any taximeter shall never in( taxicab is vacant when such taxicab is engaged by a passenger, h operate any taxicab for hire unless its taximeter has been inspecte¢ Underlined text is added; Text ~ is deleted cate ~t t__he 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 be accurate, in satisfactory operating condition, and sealed pursuant to Ch:ptcr 53!, F!cr!d= St=t'.:'tcc to applicable laws, rules and requlations. Each taxicab permit holder shall have the taximeter in good working condition and operating accurately. Such meters shall be sealed to prevent any person other than a person authorized under C'h.~,*,*,-.. :~o .......... ,- .............. Stat'.:'tc..., then applicable laws, rules and requlationsl and from changing the adjustment of same. It shall be a violation of this article to operate a taxicab when a taximeter does not accurately register the correct mileage rate. Evidence of breaking of an official taximeter seal shall be prima facie evidence that such taximeter has been tampered with does not accurately register the correct information m!!c:gc rats. Except when the taximeter is calibrated, recalibrated and/or if adiusted by a person employed by the County {or by a person employed by an entity under contract with the County to perform such services} the certificate holder shall deliver a copy of each such certification to staff not later than ten (10) workin.q days followin.q the respective calibration, re-calibration and/or adiustment. (d) Charter Service Vehicles. Charter service vehicles shall not hereafter be painted in any color scheme e~ that has then been authorized by the PVAC to any certificated or permitted taxicab(s). Sedan and limousine service type vehicles may display the certificate holder's trade name on only the front license plate of the vehicle and/or in letters an area not to exceed thrcc 7__2 square inches in total area inches !n hc!.3ht and permanently affixed to the ................ ~ cf ba~g=gc ~'~'~':~'~ ~,,~ rear most sc~t bumper or other place on the rear of the vehicle, but not on any window. ~,,,-, '-"---u.-~v. Charter service vehicles shall not place any type or form of light device on the roof or have such a light within the interior of the vehicle so as to possibly indicate that the vehicle is a taxi. ,.v.-I,,,+'r.g ~...;..,. * ......'*~'~ * ....... "" w~th~n thc trun~ ~rca. (e) Subcontracting Vehicles for Hire. Except for subcontractin.q vehicles for hire for short term special events, only vehicles for hire beinq operated under a Collier County certificate shall be subcontracted in Collier County. Except for short-term special event subcontractinq of vehicles for hire, all subcontracted vehicles for hire must be insured up to at least the minimum insurance requirements by insurance coveraqe provided by of the vehicle for hire person or entity to which each such vehicle(s) for hire is/are subcontracted by (includinq leasinq to} the Collier Count,/certificated Vehicle for Hire person or entity. Short term special events mean those occasions that occur from infrequently from time-to-time, usually only once annually, when a person who, or entity that, is operatinq a vehicle for hire business pursuant to Collier County Certificate and requires temporary use of vehicles for hire because the fleet of the r~ certificate holder comprises too few vehicles to fully service the shot1 special event. Short term special events include qraduation ceremo~ schools, qolf tournaments, or other like events of short duration1 usu~ Underlined text is added; Text struc~-thrcugh is deleted :erm No. ,~' ~,~ es from Iy le[~l~a~1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 seven consecutive days. Vehicles for hire that are subcontracted only for short term special events may be certificated by a municipality or by another Florida County, but the certification must be current and effective at the time of the subcontractinq of leasinq. Vehicles that are subcontracted only for short terr~.. special events shall be used except to provide services required bv the respective special event. Any vehicle subcontracted by, or leased to, a Vehicle for Hire Business certificated by Collier County for anvthin(I except short term s~oecial events must be independently certificated by Collier County.. Sec. 142-35. Schedule of Rates and Charges. (a) Rates and charges of charter services and of taxicabs under contract to provide long-term services are not regulated except that other taxicab fares are regulated. No charter service vehicle operator shall transport, advertise, display, or otherwise offer to transport any passenger(s) under any rates except its regular charter service rates, which rates shall not be prorated, discounted, divided, or otherwise reduced so as to resemble or attempt to compete on a price basis with any taxicab rates. If a complaint is made to staff that any such violation has occurred, the reqular charter service rates of the person or entity beinq investiqated for such alleqed violation shall upon request be promptly provided in writinq to staff. There shall be no extra charge for handling luggage or baggage. (b) The following is the schedule of maximum rates for taxicabs operating in the County: (1) For the first one-tenth mile or fraction thereof ................ $2.15 (2) For each additional two-tenths mile or fraction thereof 0.3-.c 0.4q (c) The following maximum charges are in addition to the maximum rates set forth in subsection (b) hereof: $24.00 maximum per hour standing/waiting time with a minimum rate and interval of time of not less than $0.20 per 30 seconds, not to exceed $0.40 in one minute in accordance with the time elapsed on the taximeter. (d) Rate Change Procedures. (1) The Public Vehicle Board may from time-to-time require the owners and operators of taxicabs to appear before the PVAC at a public hearing to review their rates for reasonableness. Owners and operators may petition the PVAC for a review of their rates. (2) Pdor to a public hearing pursuant to this section and upon request from the Public Vehicle Board or from taxicab owners, the County Mana.qer Adm!n!ctr=tc: may investigate and prepare a report concerning the then existing 38 39 rates and charges, includinq requlation thereof by the PVAC. The re 40 consider all financial and operating reports that are submitted by op( 41 determine operating ratios, revenues, expenses, and potential impac 42 proposed rate changes. For rate-making purposes, the County Man; Underlined text is added; Text stru~reu~4 is deleted atorsl~' of any DEC 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 .~.dm!.".!c!r:'.cr will not consider any cost incurred in the acquisition of a license or political contributions. Costs to be considered will include vehicle operating, maintenance and repair expenses, salaries of drivers, dispatchers and supervisors, plus insurance costs, taxes, and administrative expenses. (3) The report from the County Manaqer ~ shall be reviewed by the PVAC, which shall make a recommendation regarding rate matters ~dj'--'ct.m. cnt= to the Public Vehicle Board. (4) The Public Vehicle Board =h=~ should within 60 days after receipt of the staff and PVAC recommendations, schedule a public headng concerning the proposed rate changes, at which hearing all interested parties shall have an opportunity to be heard. The Public Vehicle Board shall consider the staff report and recommendations, the PVAC's recommendation, and all evidence produced at the Board's headng, and by resolution shall determine and set the appropriate rates as may be in the public interest. Appeals of the Public Vehicle Board's decision shall be to the Circuit Court of the 20~h Judicial Circuit in and for Collier County in accordance with Florida Appellate Rules. Sec. 142-36. Daily Manifest or Trip Log Required. Every motor vehicle for hire owner or operator shall maintain a daily manifest (trip log) upon which the driver shall promptly and legible record the following information: name of the driver; vehicle number; year, month, and date; the starting time, place of origin and destination of each trip, the then applicable rates and charqes for that vehicle for hire, the amount of fare collected and the number of passengers of each trip during a.-. cpcr~tcr's that driver's driving period. All completed manifests shall be returned to the owner of the business by the operator at the conclusion of his/her tour of duty. The forms for each manifest shall be furnished to the operator of said owner. No one shall Cc.'t.!ficatc ho!dcm sh=!! .-,ct destroy, mutilate, alter or otherwise deface any daily manifest for at least ...... (3) one years. ,-."~"-,,* ~r; ......~. .......... ~ ~'^'"' '~'~ Ccunty Adm!.".!ctr=tcr. Said manifests shall be available for inspection and/or copying by the ..... ~n, ,nh~· '~'";""--....~ *~'"...- cpcrator'c.~_._.'-- _.v.. ~'' '~; .... ..v. ~-, .v_.~ ...... _.* thc cp-cratc¢8, for a periz~l of not less than one year thrcc yccrc after the date of the respective manifest. Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Cdmes after Ddver Approval from the Counly St=nd=rd=. (a) Each driver of a motor vehicle for hire must hold a current and valid ccmm~rc~=l ddver's license (operator's permit) in said driver's name issued by the State of Florida. cr by any other stero of thc 'Jn!tcd St=tc: (if thc drlvcr ..... ,...-: .,..h;~,.. ~... ~.;.~ !n .,mcrc *h ...... *~*..~ The respective :'~-:-'- driver's license must authorize all types of ddving being conducted y theNo' DEC 1 1 2001 I respective driver. A copy of each such driver's license must be maintained by 2 the operator and, upon request from staff1 must promptly be delivered to staff. 3 (b) Before the respective driver operates any vehicle for hire in Collier 4 County, each certificate holder shall be responsible for ensudng that each of his 5 that certificate holder's ddvers verifies every 12 months by providin~l Staff with 6 an official copy of that individual's cdminal record (or lack thereof) and a sworn 7 affidavit delivered to tho certificate holder and to County staff that such driver has 8 not been found guilty or convicted, regardless of adjudication, of any of the 9 following crimes within the then past three years: 10 (1) Murder, manslaughter, armed robbery, assault with a deadly weapon, 11 o__r aggravated assault; 12 (2) Any crime involving the sale or possession of any controlled 13 substance. 14 (3) The Flodda RICO Act, as amended, currently Sections 895.01 through 15 895.06, Florida Statutes. 16 (4) Driving while intoxicated or under the influence of drugs or any other 17 alcohol or drug related offense; 18 (5) Vehicular manslaughter; 19 (6) Reckless driving; 20 (7) Exposure of the sexual organs and/or any crime dcf!.".cd '--'.".dc: Ch. 21 ~n~ c,,-,-',~., ~,~*,,*,,~ pertaining to prostitution. 22 (c) If at =n~,' t~mc !t !s dctcrm!ncd that the a then approved driver i_s has 23 bccn convicted of any of the aforesaid cdmes, the certificate holder shall not 24 permit the driver to operate any ~ vehicle for hire un'~'~' h;o in 25 Collier County. In the event that a driver's license is suspended or revoked, or a 26 driver is convicted of any of the above-listed offences, reqardless of adiudication, 27 the certificate holder and the driver shall notify staff in writinq of the suspension, 28 revocation or conviction immediately upon the driver or the certificate holder 29 becominq aware of such conviction. The certificate holder shall maintain a 30 permanent registry containing information on the identity of each driver permitted 31 to operate a permitted vehicle under his the certificate holder's authority. Said 32 permanent registry shall be available for inspection and/or copying by the County 33 during the certificate holder's regular business hours. Th!s scct!c.", ch:!! .-.et 35 36 37 38 39 40 41 Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers. No ddver of a vehicle for hire shall consume any alcoholic beverage or any controlled substance or be under the influence of any alcoholic beverage or controlled substance while drivinq on duty. or Sec. 142-39. Refusal of Passenger to Pay Legal Fare. Underlined text is added; Text -..tr_c~-thrcu?:,h is deleted AGEI~A ITEM DEC 11 2001 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 I It shall be unlawful for any person to refuse to pay the legal fare of any of 2 the vehicles governed by this article after having hired the vehicle. It shall be 3 unlawful for any person to hire any vehicle for hire with the intent to defraud. 4 5 Sec. 142-40. Advertising the Services by Collier County Certificate Holders. 6 It shall be a violation of this article for any person or entity that is required 7 to have a certificate to operate in Collier County to advertise in Collier County a 8 service that one is not then lieerm:,ed certificated to provide in Collier County. All 9 advertisements for such vehicles for hire services printed after July 31, 1994, in a 10 telephone directory or newspaper distributed in the County shall include the 11 applicable Collier County certificate number. Each certificate holder shall ensure 12 that the applicable certificate number is provided to the publisher for inclusion 13 within the text of each advertisement. There shall be no advertising in Collier 14 County in any name except the name to which the certificate is issued by the 15 PVAC. No advertisement in Collier County shall indicate the availability of any type of service(s) that will not be provided immediately in Collier County. Sec. 142-41. Use for Immoral Purposes. No person shall use, or permit any person to accompany or use, a vehicle for hire for the purpose of prostitution or lewdness or to transport or offer or agree to transport any person with knowledge or reasonable cause to believe that the purpose of such transporting is for the purpose of prostitution or lewdness. Sec. 142-42 - 142.50. Reserved. DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE. Sec. 142-51. Certificate and Decals Required; Sub-certificates. (a) No person shall operate or permit a motor vehicle owned, leased to, sub-contracted by, or otherwise controlled by ~ that person or entity to be operated as a motor vehicle for hire upon any street in the County without having first obtained a certificate to operate._ and No vehicle for hire, includinq sub- contracted vehicle for hire, shall operate under any Collier County certificate unless that vehicle is displaying hay!rig a current color coded vehicle permit decal permanently affixed to the left inside bottom comer of the windshield and on the left side of the rear bumper. All such decals except short term special event decals have a duration not to exceed one year. cn c';__.,"! ':ch!c!e fcr h!ro ..... *"'~ ~" ~ ...... *~'"'~"'"'~ by ~'"" *" ~' ...... *"'~ :" *~'"' ~ .... *" All vehicle for hire, including subcontracted vehicles, must display the required decals, which decals must be removed from the vehicle by the driver or cer immediately following suspension or expiration of the decal, or, if al suspension or revocation of the operator's or the person's or entity' Underlined text is added; Text ctruc.U,-thrcugh is deleted ificate,~A ITEM plicaJ~. ,~ ~ . cerAf~te, ucc,, 12001 p,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 Vehicles subcontracted for short term special events may display a temporary sticker, which shall be removed immediately followin.q the termination of the short term special event. (b) Sub-certificates. If a certificated individual or entity, for any le.qitimate business rea-~on(s), requests issuance of a sub-certificate from the PVAC, the PVAC may issue one (1) or more sub-certificates requested by the applicant as determined by the PVAC to be appropriate under the circumstances. The application fee and the renewal fee shall be one-half the then applicable fee for a full certificate. The applicant requestin.q a sub-certificate need not provide to staff any information that is required prerequisite to applyinq for a full certificate provided such information relevant to the application for a sub-certificate is then on file with staff and is correct and complete. So sub-certificate shall operate as a full certificate, not add a vehicle to a certificate or otherwise perform a function that can be accomplished by amendinq the applicant's full certificate. A sub- certificate can be used to add one (1) trade name to the applicant's full certificate. Sub-certificates are a courtesy to the certificate holder whereby all decisions by the PVAC to ,qrant or deny a sub-certificate are final. Suspension or termination of a full certificate shall automatically suspend or terminate every sub-certificate issued under the respective full certificate unless expressly decided otherwise by the PVAC for qood cause in the specific case. The PVAC may from time-to-time enact Resolutions to adopt rules applicable to sub- certificates provided no such rule conflicts with this article. Throuqhout this article, references to a "certificate" shall include each related "sub-certificate" unless that construction would lead to an absurd result. Sec. 142-52. Application for Certificate to Operate. (a) An application for certificate shall be filed with the ~ Bc-~rd PVAC on forms provided by the County Manager. ^d,m,!n!s'.;ator. Thcre v.'!!! bca with-a nonrefundable application fee for each certificate. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. The application fee form shall be verified under oath and shall furnish the following information: (1) If an individual, name and address of the applicant. (2) If a partnership, name and address of the applicant's business:names and addresses of all partners. (3) If a corporation: the exact corporate name and business address of the applicant's corporation, name and address of all directors and officers, Articles of Incorporation and all amendments thereto along with a certified copy of the Certificate of Incorporation. must be =,.:,bm!ttcd. (4) The names and addresses of any =nd all persons or entities ten percent or greater beneficial interest in the applicant's business or Underlined text is added; Text struck thrc':gh is deleted ~,omp~y. ~ ~ -- DEC 1 1 2001 18 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 37 38 39 40 41 42 Failure to disclose such interest shall be grounds for the denial of the application of any apPlicant or revocation of any certificate. (5) Business telephone number and, if applicable, e-mail address, which (6) The trade name under which the business will operate. The trade name under which the applicant intends to do business shall not be deceptively similar to the trade name of any other then current certificate holder or sub- certificate holder. Approval of the use of a trade name does not imply the use of said trade name is otherwise legally authorized. A separate certificate or sub- certificate is required for each trade name or fictitious name. No ~.".Jt~=l certificate or sub-certificate shall be issued to any business that has "taxi" or "cab" or "taxicab" in its name unless it will immediately be providing taxi services in Collier County. The precedin,q sentence shall not apply to certificated entities that have been ,qrand-fathered prior to the effective date of this Article by havin,q been issued proper certificates without the need to comply with said requirement. Each such qrand-fathered entity must comply with this requirement to be eliqible to be issued its certificate for 2004, or prerequisite to transfer its certificate, or permit prior to that time. Each person or entity planninq to operate under ~ fictitious name shall attach to the application a notarized copy of the newspaper notice published in accordance with Section 865.09, Florida Statutes. (7) The name, color scheme, and monogram or insignia to be used to designate the taxi or taxicabs of the applicant. An applicant for taxicab certification shall also submit ............... ~. ..... "~ '~ ~.v. "'"~ .... '~"~ ;;'~th a colored sketch and/or photograph of the vehicle color scheme, letterinq, monoqram and/or insiqnia. A colored sketch and/or photograph of the monograph of the monogram or insignia, lettering size with the color scheme of the lettering, vehicle color scheme, and top light design which shall conform to regulations issued by this article. ~'o" ~'~ ~' ..... ~*0~,~ The color scheme and monogram or insignia shall be unique and readily distinguishable from the color schemes and monograms or insignias previously approved for prior applicants. Any changes to an approved color scheme, monogram, or insignia must be approved by the PVAC. (8) The experience of the applicant in the transportation of passengers in the form of a typewritten and signed experience statement. (9) The minimum and th_..~e maximum number of vehicles planned to be operated and controlled by the applicant and the location of proposed depot(s) and/or terminal(s). (10) If operating under a fictitious name, attach a notarized copy of proof of advertising to the application in accordance with Section 865.09 Statutes. A separate certificate to operate.is required for each ficti (11 ) App!ic:r.t m'~ct prey!do The required certificate of insul Underlined text is added; Text struck thrcugh is deleted ~k., ;,J~.~T~iDA ITEM ious ~_nce or DEC 1! 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 verification from an insurance company authorized to do business in Florida that the applicant is insurable and that an insurance policy meeting at least the minimum standards set forth in this article shall be issued if and when the application is approved. In each instance, !f submission of a certificate of insurance must precede the issuance of a vehicle permit. (12) A schedule of proposed fares, rates, and/4~ charges other than taxi metered rates (at the then applk'_-.3ble rates as specified pursuant to Article). (13) A current credit report compiled for the applicant by a nationally recognized credit agency, and if the applicant is a business entity in existence for less than one year, a current credit report for each owner compiled by a nationally recognized credit agency, iss'.:'cd (14) Two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. If the applicant is a business entity in existence for less than one year, two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. (15) A list of criminal convictions for which the applicant, owner, directors, officers and managers have been found guilty, regardless of adjudication, in Florida or any other state of the United States, indicating the offense, the date and the state. (16) The name of all managers. (17) Application must be accompanied by the required application fee. (b) On the filing of the application, said application shall be reviewed by the County .~.d..~.!~!s!r=tcr manaqer, including any necessary verification of statements within the application, for: (1) Completeness of the application and applicant's compliance with this article. (2) Consideration of the taxicab color scheme to preclude confusion by the riding public and to prevent infringement of a then. current c;':~cfs certificate holder's color scheme. Sec. 142-53. Issuance of the Certificate to Operate. (a) All applications for a certificate to operate must be reviewed and approved by the PVAC at a public meeting. Thc p,.:'b!!c Persons '~'.'. -~.I~D'~ ITF...M allowed to speak and provide relevant information regarding an A plicat~,s~ qualifications to provide transportation services. If the PVAC find that after DEC 1 1 2001 Underlined text is added; Text ~ is delete ,~,~,-.~h,.,-'; .... ~.~,.~*;..,. ~ ao o,w~ n~ Irrespective of where occupation licensed, each holder of a Collier County Certificate shall continuousl~ 1 review of the application, public comment, if any, and relevant information, the 2 Applicant is fit to provide transportation services and conforms to the provisions 3 of this article, then the County Manaqer ,~.dm!n~=t:=.'or shall issue a certificate to 4 operate stating the name of the Applicant. If the PVAC determines that the 5 Applicant is not fit to provide transportation services or does not comply with the 6 requirements of this article, the application for a certificate shall be denied. The 7 reasons for the denial shall be stated in writing to the Applicant. The applicant 8 may appeal an adverse decision by the PVAC to the Public Vehicle Board for a 9 review of the PVAC's denial to the applicant. After review of the application, the 10 Public Vehicle Board may issue the certificate, or refuse to issue it, or may issue 11 a certificate with such modifications, or conditions as the Public Vehicle Board 12 may deem appropriate, t,l..,~......~ ........ ,~ ..~,-,~.-..~,,.~, .-~.,n ,-, .... ~"~'"'~ onco 13 each year ~n a new=paper cf genera! c!rc'.:'!at!cn '::!th!n the Cc"n."/. No certificate 14 shall be issued to any person or to any applicant who has or whose owners, 15 officers, directors or managers have been found guilty or have been convicted, 16 regardless of adjudication, within the then past five (5) years of any of the 17 following: any crime relating to the provision of transportation services, any crime 18 which is designated as a felony, any crime involving the sale or possession of 19 any controlled substances as defined by Section 893.03, Florida Statutes, called 20 the Florida Rico Act; also exposure of the sexual organs and e~ any other crime 21 under Chapter 796, Florida Statutes, "Prostitution". No certificate shall be issued 22 to any Applicant who has an owner or an officer or director who was an owner, 23 officer or director of a vehicle for hire business cr cc,mpany which had a 24 certificate revoked in the then past twelve (12) months. No certificate shall be 25 issued to any Applicant whose credit report indicates facts and circumstances 26 showing a failure to promptly pay ,;eh!c!e fcr h!rc related bills related to vehicle 27 for hire business. 28 (b) An Applicant shall pay the required certificate fee within 30 days of the 29 approval of the Application for a certificate pursuant to this Section. Failure to 30 pay the required fee for the certificat~ shall be deemed as the withdrawal of the 31 Application by4he~4~glie, a~ and will result in the revocation of the approval of the 32 Application for the Certificate. 33 (c) Upon issuance of a certificate and as a requirement for maintaining a 34 certificate in good standing, continuously maintain a central place of business in 35 Collier County at all times that such vehicle for hire business in County has 36 sufficient situs or presence in Collier County so as to be required by the Collier 37 County License Tax Ordinance to have a Collier County occupational license, at ..... by th~ 40 41 42 Underlined text is added; Text struc~ thrc'_'gh is deleted co tn., 'naintain a DEC 11 O01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 telephone number (at a local phone call rate) to enable potential customers from Collier County to call to obtain information and/or vehicle for hire service. (d). If the vehicle for hire business is required by the Collier County Occupational License Tax Ordinance to have a Collier County Occupational License for the site or location, all Collier County related vehicle for hire business records that are required by this Article and/or otherwise by any law, rule or re.qulation, must be retained for the appl:,c~_hle retention period(s) at each sUch Collier County occupationally licensed site or location. Upon request from staff, all requested records, wherever maintained, shall be physically delivered to staff within seven (7) calendar days followinq receipt of the request for same, or such other longer or shorter time pedod as deemed appropriate by staff in the specific instance. Failure to promptly deliver all such requested records to staff as requested shall be a separate violation of this Article. Each overdue day may be. determined by staff to be a separate violation of this Article. (e}(~. Only c.-.o tw._.9o vehicles for hire may be operated from a residence as a home occupation and tha~ such vehicle(s) shal! m3y not come and go from the residences so that the trips exceed normal residential vehicle traffic. AI._[I vehicle(s) for hire that are operated from the respective home occupationally licensed residence must be operated only by County approved operators who then actually reside within that residence. (f).(e) It ch~!! ~'°" ~'" +h .... p.-.,,~-'~.~,;~/,',~ ...... Each certificate holder te shall notify the County Manage[ Adm!~!ctr~tcr in writing within ten days of any change in the business address and/or telephone numberLand shall take all actions, if any, required or authorized by the then applicable Collier County Occupational License Tax Ordinance. Sec. 142-54. Minimum Insurance Requirements. (a) The following insurance requirements are intended to be minimum and do not imply or represent the necessary amount of coverage for any vehicle or particular operator or driver of the respective vehicles for hire.. All certificate holders operating t~.~.~!c=bs a vehicle fo.r hire shall have in full force and effect motor vehicle liability insurance for each taxicab owned by, leased to, or otherwise controlled by operating company equal to or greater than $100,000 for bodily injury to any one person, $300,000 for injuries to more than one person which are sustained in the same accident, and $100,000 for property damage sustained on one accident. ^" ,.~.~;r,~,,, ~,,,,~,~ _,c~--,*~.3 ,-h'-.-t.c; .c."~-. eP, e-ac~,=,ide~. Said insurance shall be primary coveraqe that must inu~ benefit of any person who shall be injured or killed, or who shall sustai Underlined text is added; Text =tr,.:'c~-thrc'-'gh is deleted · -1 ..... I L -- ...... 'i~.~ ~NDA ~ damage DEC 11 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 to property proximately caused by the negligence of the certificate holder, all drivers, and h~ all masters, servants and agents. Nothing in this sec, tie~ article shall be construed to waive applicable state or federal laws, if any, which then require a higher amount of minimum insurance covera.qe or other insurance requirements. If a County permitted vehicle for hire ceases to be covered by the full insurance specified in this article, the County permit for that vehicle shall immediately and automatically thereby become null and void and shall remain null and void unless and until the required insurance is aqain in full force and effect. Vehicle permits decommissioned for vehicles temporarily taken out of service shall be qranted a ninety (90) day insurance lapse period with proof of the insurance cessation date before a renewal permit fee is required, except where subsection 142-57(2) applies. Except for new certificates or sub- certificates, these insurance requirements shall become effective sixty {60) dav,~ after the effective date of this Article or as each certificate holder's or vehicle permit holder's policy comes up for its next renewal, whichever is later, but not later than 365 days of the effective date of this Article. (b) An original certificate of insurance shall be filed with staff the r'~m..,.' .... ~'"';~'~ Dep:,'tment ",~ 'h,-, Devc[cpmcnt ~'~,:"~'~ ~:,,:~:~11 and shall have as an agent thereon an insurance company authorized to do such business in Florida. The certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business. The category of each motor vehicle for hire shall be specifically stated on the certificate of insurance. The certificate of insurance shall include a schedule of all vehicles covered. Said insurance policies must be issued for a minimum of one year and shall cover each vehicle in use in the County. Certificates of insurance must indicate that the Board of County Commissioners is named as ~ cc,"tif!c=tc hc!dcr an additional insured. Further, said insurance policies shall be endorsed to provide for a 30 day prior written notice bS~gis~r~;~:~ to staff ~ .... -',-,. ~,.,.~.., ,.~ ,~.~ n .... ,.-,p,.,,,-,~, c~,.,;~ D!;'!c!on of any material change, includinq any reduction in the amount or scope of coveraqe, non- renewal, termination, cancellation, or expiration. Sec. 142-55. Certificate Fees, Permit Fees and Conditions; Renewals. (a) No certificate shall be issued, continued in operation or renewed unless the holder thereof has paid an annual nonrefundable certificate fee for the privilege of engaging in the motor vehicle for hire business, presents to staff a cop,/of a valid and active Collier County occupational license for each such sitR in CollierCounty that is then required by law to have an occupational license, and has paid in full all fines, fees and charqes imposed directly or indirectly by this Article. The prescribed fee shall be adopted by resolution of the B County Commissioners. Said certificate shall be in effect from the ped February 1 through January 31 and shall be in addition to any other lic, Underlined text is added; Text struck thrcugh is deleted iard of AGEI~A ITEM )d of No. 'nse6e C 11 2001 permit. Any vehicle that has failed to meet the standards set forth in Underlined text is added; Text st~4h~4~9h is deleted 1 or charges established by proper authority and applicable to said holder or the 2 vehicle or vehicles under his operation and/or control. The fee shall not be 3 prorated for a fractional part of the year. ,~,!! for h!rc cc."t,!f~c:tc= ';;h!ch arc nc,* 4 rcnc:-:cd prier to Fcbru:."; ! sh~!! bccemc = prcbaticna."! cc.'!!f!'-..a"tc =nd 5 renewed shz!! autcma~"-.=!!y o.v-pirc as cf .M:rch! ,::hereby :!! fcr 6 °,,_.._ .... p"'~';v.,-,.-.. ...... _v...~_; ...... .~.._~.__,~"-'-'~ *~"--c:ft. cr,..v. ,.~'~".-.. --~"*"~"~';"~"Y,~,..-,.--.. cc:sc _,~ v. ~' ~ ~"'"~'.,.-. ~.. 7 1..~.ny cc~!f!"...~."tc rcnc':::! be.~'::ccn Fcb."-'a.~/! :nd ..*he !::t da>' cf Fcb."-'ar/ 8 rcq'-':rc r--~ ................ r- 9 expiration of the certificate c.n Ms:ch ~., a new certificate must be applied for 10 pursuant to the procedures outlined in this Article. It shall be ~:n!::'.'fu! a violation 11 of this Article to operate any regulated service without a valid certificate that 12 authorizes the respective services. Prior to the expiration of said certificate, the 13 certificate holder must renew its certificate pursuant to the provisions of this 14 article. If all provisions of this article are complied with, the County Manager 15 ^dm!n!stra!cr will reissue a certificate in compliance with this article. 16 (b) Vehicle Permit. Before any motor vehicle shall be operated under any 17 certificate, the certificate holder shall rn,,_~.u.c_~.~.,.~_..~.~,',,~';~'~'~'"~'. apply for and receive from 18 the County Mana.qer ^dm:..:s.r .... a vehicle permit. Each permit~.,..._-~'~';~'"~;'"'~ 19 request shall be in writing and shall, by the applicable vehicle reqistration and/or 20 other documentation, ,,"c,'-'s,* contain the name and address of the certificate 21 holder, the make, type, year of manufacture, serial number, state license plate 22 number, category of vehicle, approved taxicab color scheme if a taxicab, and 23 seating capacity of each vehicle for which a the respective vehicle permit is 24 ~ applied for. Each vehicle shall comply with all terms as set forth at the 25 time of certification. Prior to the issuance of the vehicle permit the following ~,~-~;,-~*;^~ each request for 26 documents are required upon submission of :,~. -,~. ......... 27 vehicle permit: 28 (1) Proof of insurance in the form of an original certificate of insurance 29 including a schedule of covered vehicles. 30 (2) Proof of proper vehicle registration in any of the following forms: 31 a. A valid copy of the state Florida Department of Highway Safety and 32 Motor Vehicles registration certificate. The state vehicle registration certificate 33 must classify the vehicle as a vehicle for hire commercial vehicle; 34 b. A notarized state Florida Department of Highway Safety and Motor 35 Vehicles notification of transfer or registration license plate transferring an 36 existing license plate classified as a vehicle for hire; or 37 c. If applicable, any commercial registration legally authorizing the 38 vehicle to operate in Florida the-state, i.e., apportioned registration. 39 (3) An affidavit signed by the certificate holder stating that the vehicle to be 40 permitted meets the safety standards as required by this article. Said ~.",;~.~.~CIENDA ITF.~ 41 shall have been issued not more than 30 days prior to the issuance of the v~cle 42 ~is article DEC 11 such temporary vehicle permits and decals shall be the responsibility certificate holder. Subcontracted vehicles and drivers shall comply w 1 must be removed from service until all safety standards v!o!ctionc are complied 2 with cc;rcctcd. 3 (c) Each vehicle permit shall automatically expire on January 31 M=rch 1 4 of each year unless renewed upon payment of the prescribed fee, submittal of 5 the above documentation and presentation of a valid occupational license for the 6 permit year. If the applicant is required to have a Collier County occupational 7 license {or licenses) pursuant to the Collier County Occupational License Tax 8 Ordinance, such Collier County license{s) shall be presented to staff, otherwise ,~ 9 then active occupational license from one adjacent Florida County or from on~ 10 municipal corporation within an adjacent Florida County must be presented to 11 staff.. The prescribed fee shall be as established =dcptcd by resolution of the 12 Board of County Commissioners. It shall be a violation of this Article u,-,!=;;'f, ul to 13 operate any vehicle for hire without a valid {unexpired) vehicle permit. 14 (d) Vehicle decals ~. ........ shall be color coded for each permitting year, 15 February 1 to January 31. Each vehicle permit and decal shall be separately 16 numbered. The vehicle decal pcrm!t shall be permanently affixed on each 17 assigned vehicle's left inside bottom windshield glass corner and on he left hand 18 side of the vehicle's rear bumper clearly visible when viewed from directly behind 19 the vehicle. All vehicle decals except temporary decals for sub-contracted 20 vehicles must be affixed to the vehicle for hire by staff. Vehicle decals ~ 21 shall be made of such material that after being affixed to the vehicle cannot be 22 removed without being destroyed. Upon the sale or transfer of a vehicle or upon 23 expiration of the permitted period, the certificate holder shall remove the vehicle 24 decal f~mm~ and thereby destroy s=mc the decal. The certificate holder shall be 25 responsible for notifying the County Mana,qer Adm!r,!ctr~tcr in writing within ten 26 calendar days of any then currently valid vehicle decal pem~ destroyed or 27 removed from a vehicle. Vehicle permits shall be transferable only in the event 28 of the replacement of an existing vehicle upon proof of purchase of new vehicle 29 and discontinued vehicle for hire operation of the previously permitted vehicle. 30 Each new vehicle must meet the requirements of this seetie~ article prior to its 31 being operated as a vehicle for hire by the certificate holder. Shcu!d ~ pcrm!!tcd 32 ,,..~,i~,. ~, ~,.~,, ,; .......0,-, ~, ........ .~ h,, ~ ,..,; .... ~ L",CU .... ~ ~C rcqu!rcd h,, 38 (e) Subcontracted vehicles must obtain and display a temporary vehicle 39 permit and temporary decal at a cost of $5,00 per day per vehicle. Securing 40 41 Underlined text is added; Text struck-through is deleted h allNo. ~'1~ DEC 11 20111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O sections of this article except those that clearly applv only to applications for applications for issuance of ori,qinal certificates or renewals. (f) Applications for a vehicle permit for any vehicle not owned by the certificate holder who is making application must be accompanied by a written vehicle lease agreement between the owner of the vehicle and the certificate holder. The application must also include proof of insurance covering each leased vehicle. All vehicle lease agreements must be approved by the Code Enforcement Department before issuance of a vehicle permit. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive pdor review and approval from the PVAC. No permit shall be granted to any certificate holder to operate any taxicab covered by this article (h) After a permit has been issued, neither the color scheme, name, trade. name, monoqram, insiqnia, letterinq, or Re any other similar outwardly visible physical aspect of the vehicle cpcc!f!cd !n thc ~,crm!* shall be altered or modified without approval of the County Manacler Adm..!.-.!str=!or, including siqna.qe or advertising. Sec. 142-56. Transfer of Certificate or Permit Prohibited. No certificate or permit may be sold, assigned, otherwise transferred, mortgaged, or the ownership structure of a corporation or partnership which is the certificate holder altered in any manner without prior approval from the PVAC. Sale or transfer of stock of any corporate certificate holder resulting in a change of control of 25 percent or more shall be deemed a transfer of the certificate. Each unapproved transfer shall be immediately render the certificate null and void. Sec. 142-57. Suspension or Revocation of Certificate. (a) The certificate issued under this provision may be summarily suspended and the vehicle's decal be summarily removed by staff thc Ccu.qt'! Adm!.-,!ctr~tcr if it is he determined_s by staff that such suspension is required to protect the safety of any person(s) cr thc ..,!. 2...u... !..cu.= .... rcqu!rcmc.",ts ncr !.". cffcct, or there exists a violation of subsection 131. (41 or (5), below. The certificate holder my in writin,q to staff request an expedited appeal to the PVAC of staff's suspension, and the PVAC shall hold an appeal headnq thereon as soon as practical. The PVAC may sustain, modify in whole or in part, or reverse, staff's suspension. In all other instances the certificate issued under this provision of this article d~v!c!o.", may be revoked or suspended by the PVAC only after hearin.q if the holder thereof has: (1) Violates_d any other provision of this article; Underlined text is added; Text sm=~<.~°~a~9h is deleted 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (2) Discontinues operations of e-m~,~mem~Ce~ all vehicles for more than 30 days for unscheduled services, and seven days for regularly scheduled services; (3) Been convicted and found guilty, regardless of adjudication, of a crime listed in subsection 142-37(b) 4-7- or in subsection 142-53(a) 2 of this article; (4) Made false statements under oath~ in the application, or in any other document required by, or submitted pursuant to, this article; or (5) Knowingly permitted any his vehicle for hire to be operated as a vehicle for hire in violation of any law or this article. (b) No certificate shall be revoked except after a public hearinq by the PVAC. The certificate holder may appeal to the PVAC any suspension of its certificate, but shall not provide any vehicle for hire services in Collier County dudnq the summary suspension period. A hearing before the PVAC on suspension or revocation shall take place at a regularly scheduled meeting or special meeting of the PVAC. After revocation of a certificate, no application for certificate submitted by an owner, officer or director of the certificate holder being revoked shall be accepted or considered for a period of 12 months from the date of the revocation. Sec. 142-58. Disciplinary Proceedings. (a) Each complaint of a violation of this Article, except pursuant to subsection 142.57(a), includinq any other County Ordinance referenced in this Article, or althouqh not referenced in this article, is independently applicable to the respective vehicle, individual and/or entity that is requlated by this Article shall be made only to the PVAC staff or to the PVAC. Only the PVAC Staff or the PVAC is authorized to refer such a complaint to the Code Enforcement Board. The PVAC Staff Thc Ccu.".t'; .~.dm!.-.!ctr=tcr may initiate disciplinary proceedings by the PVAC or the Code Enforcement Board against a certificate holder driver, or other violator for violations of this article after receiving a sworn written complaint or after witnessing the respective violation(s). Whenever possible, the alleged violator will be provided written notice of violation at least 10 days before the proceedinqs will be addressed by with thc Ch=!rm~.". of the PVAC. Other procedures applicable to the Code Enforcement Board will apply to cases referred to the Code Enforcement Board. (b) Any person who believes that a certificate holder or driver has violated any provision of this article shall submit an oral or a wdtten cwc,m, complaint to the County ^'~"';":°*'"*'"' M..~n..~n~r The complaint "~'~" ~"~ !n :':r!t!n?~ =nd may be by letter. Each complaint, written or oral, must include the name, mailing address and telephone number of the complainant.. With assistance of staff, the complaining party sh=!! should attempt to specify with particularity ~A section(s) of this article, other applicable ordinances, he and/or othE Underlined text is added; Text strucP, thrcugh is deleted ...... AGENDA ITEM r aD~,~,.~ble ~ (~ DEC 11 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 rules or m.qulations that the complainina partv believes have been violated by the certificate holder and/or driver, and the essential facts in support thereof. (c) Upon submission of a c;';cm wdtten or oral complaint, or upon knowledqe however obtained that raises staff reasonable suspicion that a violation has occurred or is occurrinR, the County ManaRer Ad.mJn!str=tcr ch=!! may conduct a preliminary investigation and determine whether the facts as known cc.m.p!c!n! ='_'~.m.!.".cd warrantc '.he filing ef formal charges or issuance of a wdtten notice of violation to the alle.qed violator. If c=,har.~jes-a~e such action is warranted, the County Manager Adm!.-.!str=tc: shall file a copy of staff's the complaint with the Chairman of the PVAC and shall send, by certified mail, return receipt requested, or by hand delivery or other then lawful means of service, a letter or other written notice of violation to the certificate holder and/or driver or other violator at his or her last known address as shown on Staff's the records ef the-P, ab~ Vch!c!c Board. If other than by the then applicable standard form notice of violation, the notice documentation shall enclosei,,~j a copy of the complaint indicating: (1) The name of the complainant; (2) The date(s) of the commission of the alleged offense; (3) The sections of this article or other ordinance, law, rule or regulation alleged to have been violated; (4) If the violation is curable, the minimum number of days after receipt of the notice that the violation(s) must be corrected and the deadline date when written proof of the cure must be delivered to staff. Failure to make all such corrections as required and failure to notify staff within the prescribed time period shall result in an automatic civil fine of twenty-five dollars {$25.00) per day of such failure(s) to correct. All then available Code Enfomement Board remedies, penalties and charqes shall apply if the respective case is referred to and enforced by the Code Enforcement Board. (5) If conduct or a condition must cease, the date that the unlawful conduct and/or unlawful condition must cease, and the last date that the violator must deliver proof to Staff of the date when the conduct and/or condition ceased. 32 Failure to cease the conduct on or before the specified deadline date and failure 33 34 35 36 37 38 39 40 41 42 to notify staff that the conduct ceased on or before the specified date(s) shall be separate violations of this article and shall result in a fine of twenty-five ($25.00) dollars for each day after the due date for delivery of such proof to staff. (6) The last date that the violator must file with staff a written notice of appeal to the PVAC to contest the notice. Notice of appeal shall not toll the deadline for complyinq with the notice or payin.q the fines. If the violator does not promptly comply with the notice of violation and upon appeal the PVAC finds that failure to promptly comply was not justified, the fines shall continue to tc violations are corrected and staff is delivered proof of the corrections. If after hearin.q finds no violation, the actions required by the notice need ~ Underlined text is added; Text ~ is deleted 1 corrected and all fines based upon a "no violation" shall be promptly returned to 2 the person or entity that paid those fines. 3 (7). (.4-) The range of disciplinary sanctions which may be imposed 4 upon the certificate holder, pursuant to this article, by the PVAC in the event the 5 PVAC finds a violation of this article has occurred; and 6 (8).~v~./~ If applicable, the date, time and place at which the 7 certificate holder .... may appear before the PVAC for a hearing regarding the 8 complaint or notice of violation. The date of the scheduled hearing shall not be 9 sooner than 20 days from the mailing date of the certified letter or other means of 10 service. 11 a. The notice of hearing required by this section may, in the 12 alternative, be accomplished by hand delivery of said notice to the certificate 13 holder by the County .~.dm!.",!str~tcr Manaqer, or by leaving said notice at the 14 certificate holder's usual place of residence with some person of his family over 15 15 years of age (or with any person over the age of 15 years at the certificate 16 holder's usual place of business) and informing such person of the contents of 17 the notice, or by any other then lawful means of service. 18 b. Notice by Publication. As an alternative to providing notice as 19 set forth above, at the option of the County ,~,dm!r,!str=tcr Manaqer, notice may be 20 furnished by publication as follows: 21 (1.) Such notice shall be published once during each week for four 22 consecutive weeks (four publications being sufficient) in a newspaper of general 23 circulation in the County. The newspaper shall meet the requirements of Chapter 24 50, Florida Statutes. 25 (2.) Proof of publication shall be made as provided in Sections 26 50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently 27 with, or may follow, an attempt to provide notice by hand delivery or by mail. 28 c. Evidence that an attempt has been made to deliver or mail 29 notice as provided in this subsection, together with proof of publication or postin.q, 30 shall be sufficient to show that the notice of hearing requirements have been met 31 whether or not the alleged violator received actual notice. 32 d. Notice by Postinq. As an alternative to providin.q notice as set 33 forth above, at the option of the County Manager, notice may be furnished not 34 less than ten (10) days prior to the date of the bearinq by postinq such wdtten 35 notice at the place of business or the residence of the alleqed violator, or at the 36 Collier Courthouse. Such notice shall be photoqraphed and filed in the case file. 37 _e. ~ Conduct of hearing: 38 (1) A public hearing shall be held concerning the complaint. A_.Q 39 appeal hearin.q based upon a notice of violation will be held only if requested in 40 wdtinq by the alle.qed violator not later then the notice of appeal deadline date 41 specified in the notice. AGENDA ITEM Underlined text is added; Text ctruc~ thrc'--'gh is deleted DEC ol 1 2001 1 (2) The proceedings at the hearing shall be recorded and may be 2 transcribed at the expense of the party requesting the transcript. Any party may 3 have a court reporter present at the hearing at that party's his costs 4 The County shall not be responsible for any failure of recording equipment or for 5 any transcript other than its own for the County's own purposes. 6 (3) Each case before the PVAC shall be presented by a member of 7 the _County staff. 8 (4) Assuming proper notice of the hearing has been provided to the 9 certificate holder by any means as provided in subsection (c) of this section, a 10 the scheduled hearing may proceed in the absence of the certificate holder 11 unless a continuance of the headnq had been .qranted by staff, or is, at the 12 headnq, .qranted by the PVAC. 13 (5) The PVAC shall proceed to hear the cases on the agenda that 14 day. All testimony shall be under oath and shall be recorded. The PVAC shall 15 hear testimony from staff, from the certificate holder alleged to be in violation of 16 this article (if present), and from such other witnesses as may be called by the 17 respective parties. 18 (6) Formal rules of evidence shall not apply, but due process shall 19 be accorded, Irrelevant, immaterial or cumulative evidence shall be excluded; but 20 all other evidence of a type commonly relied upon by reasonably prudent 21 persons in the conduct of their affairs shall be admissible, whether or not such 22 evidence would be admissible in the circuit courts of Florida. Hearsay evidence 23 may be used for the purpose of supplementing or explaining any evidence, but 24 shall not be sufficient, by itself, to support a finding unless such hearsay 25 evidence would be admissible over objection in civil actions in Florida circuit 26 courts. The rules of privilege shall be effective to the same extent that they are 27 now or hereafter recognized by the Florida Rules of Civil Procedure. 28 (7) Any member of the PVAC may question any witness before the 29 PVAC. Each party to the proceedings shall have the right to call witnesses and 30 examine witnesses; to introduce exhibits; to cross-examine witnesses; to 31 impeach any witness regardless of which party called the witness to testify and to 32 rebut any evidence presented against that party. 33 (8) The chairperson, of in his absence, the vice-chairperson shall 34 have all powers necessary to conduct the hearing in a full, fair and impartial 35 manner and to preserve order and decorum. 36 (9) At the conclusion of the hearing or not later than fifteen work days 37 after the PVAC makes its final decision, the PVAC shall issue findings of fact 38 based on the evidence of record, and conclusions of law; impose disciplinary 39 sanctions, if warranted; and shall issue whichever Final Order is necessary and 40 proper to dispose of the complaint in accordance with this article and applicable 41 Florida law. Said findings of fact, conclusions of law, disciplinary sa ction~,~d~DA ITF~M Underlined text is added; Text =t;'_'c~ th;cu~,h is deleted DEC 13ol 2001 1 any, and related Order shall constitute the decision of the PVAC on the case 2 heard before the PVAC. 3 (10) The decision of the PVAC may be stated orally at the hearing, but 4 shall be reduced to writing and mailed to the parties within 15 days after the final 5 decision. The findings of fact and conclusions of law, disciplinary sanctions, if 6 any, and any other related Order shall be made by motion approved by a majority 7 of the members of the PVAC who are present and voting. The decision of the 8 PVAC shall be filed with the Clerk of the Board of County Commissioners 9 promptly after said final decision is reduced to writing. 10 (11 ) Should the PVAC be unable to issue a decision immediately 11 following any hearing, the PVAC may withhold igsuing its decision until a 12 subsequent meeting. In such case, further discussion of the pending matter and 13 all deliberations relating thereto between members of the PVAC eemmittee shall 14 take place only as a public meeting of the PVAC. The PVAC shall thereafter 15 issue its decision pursuant to subsections (d)(9) and (d)(10) of this section. 16 (12) The final decision of the PVAC may be appealed to the Board of 17 County Commissioners if the appellant files the appeal with the Clerk to the 18 Board of County Commissioners not later than thirty (30) days following the 19 issuance of the PVAC's Final Order. The appellate must state fully all specified 20 grounds for the appeal and provide to the Board of County Commissioners all 21 portions of the PVAC hearing record. The PVAC may submit to the Board of 22 County Commissioners other parts of the hearing record. The Board of County 23 Commissioners shall consider only the record submitted to it in the appeal. 24 (13} Non-payment of Fines, Fees and/or Charqes. If an individual or 25 entity has not then paid to the County in full all overdue fines, fees and/or 26 charqes required by this Article, or required by the Code Enforcement Board, or 27 any other enforcement forum, as the case may be, Staff shall refuse to issue to 28 that individual or entity any vehicle permit, any vehicle decal, or both, and shall 29 refuse to renew the applied-for certificate(s). 30 (14) Every violation of this Article, or of any ordinance incorporated 31 herein by reference, or ordinance that is then independently applicable to any 32 vehicle, individual, or entity, that is then requlated by this Article, may be 33 enforced by the PVAC or the PVAC staff pursuant to Section 1-6 of the County's 34 Code of Laws and Ordinances. See also Section 142-60, below. 35 36 37 38 39 4O 41 42 holder as then shown on the records of the PVAC. Renewal registrati certificate to operate shall be under oath and shall include the name c central place of business address, proof of insurance, and valid regist Sec. 142-59. Renewal of Certificates. The County Manaqer .~.d.m.!.-.!=!:=!c: shall attempt to notify all certificate holders in writing of the annual requirement to renew certificates to operate by mailing such notice by regular mail to the business address of the certificate ownli¥~.~ ltion. DEC 1 1 2001 Underlined text is added; Text ctr,-'ck thrcugh is deleted 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O Proof of the insurance of a vehicle for hire occupational license is requii'ed pdor to approval of a renewal certificate, and such certificate shall only be issued when the holder thereof has paid the annual occupational license fee as then set forth in the County's occupational license fee schedule. Failure to pay the annual occupational license fee shall result in automatic expiration of the certificate. Expiration of a certificate shall require a new application for a certificate pursuant to the provisions of this D~':!~;~"*~'.. Article. Sec. 142-60. Judicial Penalties for Violations of Chapter 142. Section 1-6 of the Collier County Code of Ordinances is applicable throughout this Chapter 142 except there shall be no imprisonment for any violation of Chapter 142 except for contempt of Court. To assist in enforcement of this article, staff may request assistance from the Sheriff's Office and/or from the State Attorney's Office as staff deems appropriate in the specific instance. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. Underlined text is added; Text str'-'c,u. through is delete( AGE/~A ITEM DEC il 2001 1 SECTION FOUR. EFFECTIVE DATE; ENFORCEMENT DELAYED. 2 This Ordinance shall become effective upon filing a certified copy with 3 Florida's Department of State in Tallahassee, but shall not be enforced until 4 January 1, 2002. 5 6 7 8 9 ATI'EST: 10 Dwight E. Brock, Clerk 11 12 By: 13 Deputy Clerk 14 15 16 Approved as to form 17 ~d legal sufficiency 18 2O 21 Thomas C. Palmer, 22 Assistant County ^ttomey PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Underlined text is added; T~vf ,,f,-, ,.-.u ~1., ..... h is dele1 AGENDA ITEM DEC 11 2001 EXECUTIVE SUMMARY AN ORDINANCE CREATING THE LWINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 2 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE LWINGSTON ROAD BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To enact an ordinance creating the Livingston Road Phase II Beautification Municipal Service Taxing Unit (Golden Gate ParMvay to Pine Ridge Road). CONSIDERATIONS: On February 27, 2001, the Board approved Agenda Item 16(B)(8) directing staff to establish a Municipal Service Taxing Unit (MSTU) along the Livingston Road corridor for the purpose of enhancing the landscape improvements along said corridor. Staff noted that several issues needed to be resolved prior to requesting the Board to create the MSTU. One of the issues was determining the limits of the MSTU boundaries. After evaluating the scope of the Livingston Road Project, it was determined that this roadway corridor would best be handled by creating four separate landscaping MSTU's - one for each phase of the road construction project. Staff has also researched the other issues, which have been sufficiently resolved to proceed with creation of the MSTU. Because of interest indicated by several development and homemvners' associations, staff recommends proceeding initially with the formation of the Livingston Road Phase II MSTU. The MSTU is for the landscaping and maintenance of the segment of Livingston Road from Golden Gate Parkxvay north to Pine Ridge Road. FISCAL IMPACT: It is anticipated that the initial task of the MSTU Advisory Committee v,411 be to define the landscape project parameters. This process will determine the budget and funding program. The enabling ordinance, as proposed,.sets a two (2) mill cap for the MSTU tax. Based on the most recent figures provided by the Property Appraiser, the total value of property within the MSTU boundaries is approximately $612,565,036. If the entire two (2) mils were levied, it would raise about $1,225,130. Staff and the MSTU Advisory Committee will meet to develop the proposed project and return to the Board with the proposed project and funding requirements. GROWTH MANAGEMENT IMPACT: None AGENDA, ITFM No. DEC !1 2001 pg._ / Livingston Road Phase II Beautification MSTU Page 2 of 2 RECOMMENDATION: That the Board, who has determined it appropriate to create a Beautification MSTU for the Livingston Road corridor based on perceived need in the Livingston Road area, review the attached Ordinance as outlined above and approve enactment for creation of the Livingston Road Phase H Beautification MSTU (Golden Gate Parkway to Pine Ridge Road). SUBMITTED BY: BlaNcita 7~/na, Sr_~d'ministrative fissistant REVIEWED BY: Pamela Lutich, AS~X, Landscape.~erations Manager ~VIEWED BY: ' ~ &.. . Edx~r~L ~n~p~, T)~nspo~ation Operations Director Z/~¢~Trans onat~on Administrator ~PROVED BY: No.an E. FedeX, AICP, p DATE: 11/16/01 DATE/',/////~ DATE: // DATE: AGENDA ~FM , , /o pg.2- 1 2 3 ,....,t. ORDINANCE NO. 2001-. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 AN ORDINANCE CREATING THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED TWO (2) MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE LIVINGSTON ROAD PHASE II BEAUTIFICATION ADVISORY COMMITI'EE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; RLrLES OF PROCEDURE; PROVIDING FOR FUx'NCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. 27 WHEREAS, Livingston Road between Golden Gate Parkway and Pine Ridge Road. 28 hereinafter referred to as "Livingston Road - Phase I1", will be improved ~vith a new roadway. 29 sidewalk and curbing; and 30 WHEREAS, the County has received inquiries from se,.eral developments adjacent to Lixingston Road - Phase II relating to the installation and maintenance of landscaping and 32 decorative lighting improvements; and 33 WHEREAS, the Livingston Road corridor, including Livingston Road - Phase II may 34 qualify for public funding of basic landscape or other improvements in the future, but any 35 funding will be insufficient to complete the objectives of a landscape and beautification project 36 for this area; and 37 WHEREAS, the Board of County Commissioners has determined that the best method 38 for funding the installation and maintenance of enhanced improvements and for funding any 39 desired future improvements within the area known as Livingston Road - Phase II is by the 40 creation of the Livingston Road - Phase II Beautification Municipal Service Taxing Unit. 4~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 43 SECTION ONE. Authority 45 This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, Florida Statutes, and other applicable provisions of law. Page 1 of 5 AGEND,~ ITEM pg._ i SECTION TWO. Creation of the Municipal Service Taxing Unit 2 There is hereby created and established the Livingston Road Phase II Beautification 3 Municipal Service Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the 4 MSTU are as described on the attached Exhibit "A" that is incorporated herein by reference. 5 SECTION THREE. Purpose and Governing Body 6 The MSTU is created for the purpose of: (I) Providing curbing, watering facilities, 7 plantings and maintenance of the median strips and edges of roadways within the MSTU; (2) 8 Providing enhanced street lightihg and sidewalks within the MSTU; and (3) Beautification and 9 maintenance of other public areas within the MSTU as determined by the Advisory Committee. 10 The governing body of the MSTU shall be the Board of County Commissioners of Collier 11 County, Florida. 12 SECTION FOUR. Funding and Levy of Taxes 13 For the purpose of implementing this Ordinance, the Board of County Commissioners 14 shall annually, at the time required by general budgetary law, make an itemized estimate of the 15 amount of money required to carry out the business of the MSTU for the next fiscal )'ear, ~ hich 16 shall be from October 1 to and including September 30 follox¥ing. The estimate shall describe 17 the purpose for which the moneys are required and tile amount necessary to bc raised b) taxation 18 within the MSTU. At the time and place for fixing the annual rate of taxation for Count,',' 19 purposes, the Board of Count,',' Commissioners shall fix and cause to be levied on all properties 20 within the MSTU, subject to taxation, a millage rate not to exceed two mils per )'ear. 21 SECTION FIVE. Tax Assessment and Collection 22 Taxes herein provided for shall be assessed and collected in the same manner and form as 23 provided for the assessment and collection of general County taxes and subject to the same fees 24 for assessing and collecting as general County taxes. 25 SECTION SlX. Creation of the Livingston Road - Phase II Beautification 26 Advisory Committee; Appointment and Composition 27 A. There is hereby created and established the Livingston Road - Phase II Beautification 28 Adviso~ Committee, hereinafter referred to as the "Committee". 29 B. The Committee shall consist of five (5) members that generally represent the area within the 30 MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the 31 Board of County Commissioners. Said members shall be permanent residents within the 32 MSTU and electors of Collier County. The Board of County Commissioners shall consider 33 appointment of members from different subdivisions or communities within the MSTU. Page 2 of 5 AGENDA No._.~,P,..~..' .... I )-.i// , /~1 Pg._. 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2O 21 23 24 25 26 27 28 29 30 31 32 C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN; Terms of Office of the Advisory Committee The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGttT. Officers of the Advisory Committee; Quorum; Rules of Procedure A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officer's terms shall be for one (1))'ear, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a x~ ritten record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended, or by its successor Ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU as set forth in this Ordinance. Page 3 of 5 AGENDA ITEM i B. To recommend to the Board of County Commissioners an itemized budget of the amount of 2 money required to carry out the business of the MSTU for the next fiscal year. In carrying 3 out this responsibility, the Committee shall, no later than April 1 of each year, meet with the 4 County Manager or his designee and outline to the County Manager or his designee those 5 projects which the Committee wishes to see accomplished during the next fiscal year. Based 6 upon this information, the County Manager or his designee shall prepare a proposed budget 7 for the MSTU in accordance ~¥ith standard County guidelines regarding the preparation of 8 budgets. This proposed budget shall then be reviewed by the Committee and, upon approval 9 by the Committee, be transmitted through the County manager or his designee to the Board 10 of County Commissioners for adoption in accordance with procedures for the adoption of 11 budgets set forth under general law and the Board of County Commissioners' policy. Should 12 the Committee fail to approve a budget by June I of each year, the Count>, Manager or his 13 designee shall be authorized to submit a proposed budget to the Board of County 14 Commissioners. 15 C. The Committee shall recommend work programs and priorities to the County Manager or his 16 designee in accordance with the adopted budget or budget amendments that may be adopted [7 by the Board of County Commissioners. The execution of work programs shalI be under the 18 direct supervision and responsibility of the Count)' Manager or his designee. Said x~ork may 19 be performed under contract (in accordance with law) or by Count>, forccs. 20 D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation 21 of the MSTU, subject to approval by the Board of County Commissioners. 22 SECTION TE~ . Duties of the County Manager or His Designee 23 The duties of the County Manager or his designee shall be: 24 A. To administer the activities of the MSTU in accordance with established policies of the 25 Board of County Commissioners and guidelines adopted by the Committee. 26 B. To prepare the annual budget in accordance with Section Nine, Paragraph B, above. 27 C. To provide periodic written reports to the Committee and the Board of County 28 Commissioners of the activities of the MSTU and its finances in accordance with established 29 guidelines of the Board of County Commissioners and/or the Committee. 30 D. Attend all Committee meetings. 31 Page 4 o~' 5 AGENDA ITEM No. 2' ~ I ~--/, ,/~, Pg._ ~. 18 1 SECTION ELEVEN. Review Process 2 This Advisory Committee shall be reviewed once every, four (4) years commencing 2005, 3 in accordance with the procedures contained in Collier County Ordinance No. 2001-55, as it may 4 be amended, or its successor Ordinances. 5 SECTION TWELVE. Conflict and Severability 6 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 7 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 8 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 9 separate, distinct and independent provision and such holding shall not affect the validity of the 10 remaining portion. t 1 SECTION THIRTEEN. Inclusion in the Code of Laws and Ordinances 12 The provisions of this Ordinance shall become and be made a part of the Code of Laws 13 and Ordinances of Collier Count)', Florida. The sections of the Ordinance may be renumbered or 14 re-lettered to accomplish such. and the word "ordinance" may be changed to "section," "article," 15 or any other appropriate x~ord. 16 SECTION FOURTEEN. Effective Date 17 This Ordinance shall be effective upon filing with thc Florida Department of State. PASSED AND DULY ADOPTED by the Board of Count,,' Commissioners of Collier County, Florida this __ da.,,' of 2001. 20 21 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER. Ph.D.. Chairman Approved as to form and legal sufficiency (,.~ Heidi F. Ashton Assistant County Attorney Page 5 of 5 AGENDA ITEM No. i~//,,/o, Pg. TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774--8192 SKETCH OF DESCRIPTION NOT A SURVEY N w E SCALE - FEET 0 1200 2400 LIVINGSTON ROAD _+2321 ACRES M.S.T.U. II _-¢',~ h, b,/- /4 Id 2- AGENDA I'["E~''~ No._ Pg._ TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORiDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY LIVINGST~)N ROAD M.S.T.U. Il BEGIN AT THE POINT OF INTERSECTION OF THE CENTERLINE OF GOLDEN GATE PARKWAY AND THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD (C.R. 31); THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF AIRPORT ROAD TO THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTHWEST CORNER OF THE PLAT OF 'KENSINGTON', PHASE FOUR, AS RECORDED IN PLAT BOOK 30, PAGES 42-45; THENCE NORTHERLY ALONG THE WEST LINE OF KENSINGTON PHASE FOUR AND PHASE ONE TO THE SOUTHWEST CORNER OF TRACT 2, KENSINGTON PHASE ONE; THENCE WESTERLY ALONG THE SOUTH LINES OF LOTS 7,6,5,4,3,2, BLOCK 'D" TO THE WEST LINE OF SAID PLAT OF KENSINGTON PHASE ONE; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) THENCE EASTERLY TO THE NORTHEAST CORNER OF AFORESAID SECTION 13; THENCE CONTINUE ALONG SAID SOUTH RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF SAID SECTION 18; THENCE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTHERLY ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHWEST CORNER TO THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER; THENCE EASTERLY ALONG SAID NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER TO THE NORTH-SOUTH QUARTER SECTION LINE; THENCE SOUTHERLY ALONG THE NORTH-SOUTH QUARTER SECTION LINE TO THE NORTH LINE OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID NOR3'H LINE OF SECTION 19 TO THE WEST RIGHT OF WAY LINE OF INTERSTATE 75; THENCE SOUTHERLY ALONG'SAID WEST RIGHT OF WAY LINE OF INTERSTATE 75 TO THE SOUTHEST CORNER OF SAID SECTION 19; THENCE WESTERLY ALONG SAID SOUTH LINE OF SECTION 19 TO THE CENTERLINE OF LIVINGSTON ROAD {CR. 881); THNCE SOUTHERLY ALONG SAID CENTERLINE OF LIVINGSTON ROAD TO THE CENTERL1NE OF GOLDEN GATE PARKWAY; THENCE WESTERLY ALONG SAID CENTERLINEOF GOLDEN GATE PARKWAY TO THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD AND TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR 2d: 2- DRAWN BY C~C~D By s N%T TO SCALE PREPARED BY: /' .~ 'L S 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE OCTOBER 30, 2001 LIVMS2 SHEET 1 OF 1 AGENDA~EM No. /o, Pg._..~'. EXECUTIVE SUMMARY AN ORDINANCE CREATING THE URBAN AREA BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE UNIT EXCLUDING THE INCORPORATED AREAS OF COLLIER COUNTY AND EXISTING ROADWAY BEAUTIFICATION MUNICIPAL SERVICE TAXING UNITS; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED ONE-HALF (.5) MIL OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To enact an ordinance to fund the maintenance and landscaping of public roadxvays in the urban area of Collier County. CONSIDERATIONS: The County Manager directed staff to establish a Municipal Se~'ice Taxing Unit (MSTU) within the urban service area of Collier County for the purpose of landscape maintenance and improvements within the County urban service area. After evaluating the scope of the Countywide MSTU, it was determined that the County roadway corridors would best be handled by creating one landscaping MSTU. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. The MSTU would provide curbing, watering facilities, plantings and maintenance of the median strips and edges of roadways within the MSTU, and provide beautification and maintenance of other public areas within the MSTU. The incorporated municipalities of Collier County and existing roadway beautification MSTU's are excluded from the boundaries of the MSTU. FISCAL IMPACT: Annual costs for landscaping maintenance average almost $50,000 per centerline mile of roadway. Each roadway segment cost is unique due to the varying width of the medians and roadway edges, and due to the differences in plantings along each segment. The total value of the MSTU as of December 3, 2001, per the Property Appraiser's Office, is about $17,533,615,894. A tax levy of 0.5 mils will raise about $8,766,800. This millage cap should be sufficient to fund maintenance for a number of years into the future. The estimated maintenance cost for FY 2003 is $2,546,000. AGENDA GROWTH MANAGEMENT IMPACT: None No ..... Collier County Beautification MSTU Page 2 of 2 RECOMMENDATION: That the Board, who has determined it appropriate to create a Beautification MSTU for Collier County urban service area based on perceived need in Collier County, review the attached Ordinance as outlined above and approve enactment for creation of the Collier County Beautification Municipal Service Taxing Unit. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~~ger Edv¢.~d J/Kant, P/ETTra6sp°rtation Operations Director Norm,~n 'E. Fed~r, AICP, Transportation Administrator DATE: //- J" e I DATE: z) - -"' ~ ',' AGENDA ITEM No.__~.' ['lEE !i 28111 Pg ..... ~ ........ ORDINANCE NO. 2001- AN ORDINANCE CREATING THE URBAN AREA BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE UNIT EXCLUDING THE INCORPORATED AREAS OF COLLIER COUNTY AND EXISTING ROADWAY BEAUTIFICATION MUNICIPAL SERVICE TAXING UNITS; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED ONE-HALF (.5) MIL OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County has a lack of funding for the maintenance and landscaping of public roadways in the unincorporated urban area of Collier County; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the maintenance and landscaping of public roadways in the urban area of Collier County is by the creation of the Urban Area Beautification Municipal Service Taxing Unit. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLVN'TY, FLORIDA, that: SECTION ONE. Authority This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION TWO. Creation of the Municipal Service Taxing Unit There is hereby created and established the Urban Area Beautification Municipal Service Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as described on the attached Exhibit "A" that is incorporated herein by reference. The incorporated areas of Collier County and existing roadway beautification municipal service taxing units are excluded from the boundaries of the MSTU. Existing roadway beautification municipal taxing service units include Radio Road Beautification Municipal Servicing Taxing Unit created by Ordinance No. 96-84, the Bayshore Avalon Beautification Municipal Service Taxing Unit created by Ordinance No. 97-82, as amended, the Golden Gate Beautification Municipal Service Taxing Unit created by Ordinance No. 83-55, as amended, Vanderbilt Beach Beautification Municipal Service Taxing Unit created by Ordinance No. 2001-43, and Livingston Road-Phase II Beautification Municipal Service Taxing Unit created by Ordinance No. 2001- Page [ of 3 SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of: (1) Providing curbing, watering facilities, plantings and maintenance of the median strips and edges of roadways within the MSTU; and (2) Beautification and maintenance of other public areas within the MSTU. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetar~ law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including SepTember 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed one-half (.5) mil per year. SECTION FIVE. Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Duties of the County Manager or his Designee The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners. B. To prepare the annual budget in accordance with standard County guidelines regarding the preparation of budgets. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. SECTION SEVEN. Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Page 2 of 3 SECTION EIGHT. Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE. Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO1V~MISSIONERS OF COLLIER COUNTY, FLORII)A By: JAYMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney hH FA\Ord~Ur banAreaMSTU Page 3 of 3 TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY COUNTY WIDE LANDSCAPE MUNICIPAL SERVICES TAXING UNIT COMMENCE AT THE POINT OF INTERSECTION OF THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO AND THE NORTH LINE OF SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE EASTERLY ALONG SAID NORTH LINE OF SECTION 6 TO THE SOUTH RIGHT OF WAY LINE OF BONITA BEACH ROAD; THENCE EASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF BONITA BEACH TO THE CENTERLINE OF VANDERBILT BEACH ROAD; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE NORTH LiNE OF COLLIER COUNTY; THENCE EASTERLY ALONG THE NORTH LINE OF COLLIER COUNTY TO THE NORTHEAST CORNER OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE SOUTHERLY ALONG THE EAST LINE OF SECTIONS 9 AND SECTION 16 TO THE NORTHEAST CORNER OF SECTION 21, THENCE EASTERLY ALONG THE NORTH LINE OF SECTION 21 TO THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE EASTERLY ALONG THE NORTH LINE OF SECTION 22 AND THE NORTH LINE OF SECTION 23 TO THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTION 24 AND THE WEST LINES OF SECTIONS 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTION 1 AND THE WEST LINES OF SECTION 1,12,13,24,25 AND SECTION 36 TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTIONS 1,12, 13,24,25,AND 36, TOWNSHIP 50 SOUTH. RANGE 26 EAST TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST TO A POINT LYING I MILE NORTHEASTERLY, AS MEASURED PERPENDICULAR TO, EAST TAMIAMI TRAIL, (U.S. 41 ); THENCE SOUTHEASTERLY ALONG A LINE LYING 1 MILE NORTHEASTERLY, AS MEASURED PERPENDICULAR TO, THE SAID EAST TAMtAMI TRAIL TO THE WEST LINE OF SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTIONS 7, 18,19,30,31 TOWNSHIP 51 SOUTH, RANGE 27 EAST TO THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 51 SOUTH, RANGE 27 EAST; THENCE WESTERLY ALONG THE SOUTH LINE OF SECTIONS 36,35 AND 34 TOWNSHIP 51 SOUTH, RANGE 26 EAST, TO THE CENTERLINE OF THE MARCO RIVER; THENCE NORTHWESTERLY, WESTERLY. AND SOUTHWESTERLY TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO; THENCE MEANDER ALONG SAID MEAN HIGH WATER LINE NORTHWESTERLY TO THE POINT OF BEGINNING. LESS AND EXCEPT; CITY OF NAPLES AND THE FOLLOWING MUNICIPAL SERVICES TAXING UNITS (M.S.T.U.'S) BAYSHORE DRIVE, GOLDEN GATE, RADIO ROAD, VANDERBILT BEACH, AND LIVINGSTON ROAD PHASE il. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) PJW = RIGHT OF WAY 7) ALL DISTANCES ARE iN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE SHEET 1 OF I TRANSPORTATION ENGINEERING 3301 EAST TAMIAMI TRAIL NAPLF.$, (941) 774--8192 DEPARTMENT FLORIDA 34112 SKETCH OF DESCRIPTION NOT A SURVEY : COU.TY wm~ L~N~ i MUNICIPAL SERVICES TAXING UNIT EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED ORDINANCE AMENDMENT, AMENDING ORDINANCE 93-72, AS AMENDED, COMMONLY KNOWN AS THE COUNTY MANAGER'S ORDINANCE, CLARIFYING AND ESTABLISHING THE PROCESS FOR COMMUNICATIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STAFF OF THE COUNTY MANAGER OBJECTIVE: To provide for the efficient transmission of communications and inquiries between individual County Commission members and the County staff while protecting the professional staff from political pressure and influence. CONSIDERATIONS: The current provisions regarding communications between individual commission members and the county staff are in place to provide a separation between the politically elected board of county commissioners and the professional staff responsible for carrying out and enforcing the current laws and ordinances of the County. This separation is important and is described in Florida statutes and is in fact more restrictive in local ordinance. The current ordinance in its strictest interpretation would allow no communications between the Board of County Commissioners and the staff except through the person of the County Manager. Given that the Board of County Commissioners are the elected representatives of the people, a significant number of questions, complaints and requests for information from citizens of the County are directly communicated to the County Commissioners. If all such communications must transpire through a single individual, the County organization will be bottlenecked by the ability of one person to pass these issues on, track them and provide responses. It is not believed that this was the intention of this ordinance, nor is it believed that the citizens of this community can effectively be served in this way. On the other hand, ensuring that the technical, factual decisions of the staff are not being directed or influenced by individual elected officials is also very important to ensure the integrity of the County government system. Even with good intention, elected officials must not be allowed to influence decisions and actions which are and should be based on the established laws, ordinances and policies. As a result, the proposed ordinance amendment makes two changes. The first is an addition that reads, "The Board of County Commissioners shall make inquiries, requests for information, forward constituent complaints or inquiries to staff or schedule staff for meetings only through the County Administrator's Office or a Division Administrator with a copy or notifications of such communication to the County Adminstrator's Office". This amendment is designed to provide a more efficient system of providing public response, while keeping those communications to a level of staff person that clearly recognizes direction or attempts to influence. Copies or notice of all communications to the County ,o. _ DEC 11 2001 f Manager ensures that the County Manager is aware of all such communications for monitoring and can also ensure that timely responses to the public and the board are being provided. The second amendment clarifies the actions that are prohibited between board members and the staff by including a specific prohibition against board members providing "direction" in addition to the current prohibition against "interfering in the performance of the duties of any subordinate of the County Administrator...". It is believed that this amendment will help to provide for efficient public response while at the same time protecting the integrity of the system. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this ordinance amendment. FISCAL IMPACT: There is no fiscal impact associated with this ordinance amendment. Recommendation that the Board of Collier County Commissioners approve the attached Ordinance 2001- , amending ordinance 93-72, as amended. Prepared by: Thomas W l olli~~ Manager Reviewed by: David C. Weigel, Co~r~ty Att~j:~ey ORDINANCE NO. 2001- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 93-72, AS AMENDED, SECTION 2-78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, TIlE COLLIER COUNTY ADMINISTRATOR ORDINANCE: AMENDING SECTION THREE: COUNTY ADMINISTRATOR; POWERS AND DUTIES, BY PROVIDING CLARIFICATION OF STANDARDS FOR THE BOARD AND ITS MEMBERS; PROVIDING FOR CONFLICT AND 'SEVERAB1LITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County has determined that it is in the interests of good government and the citizens of Collier County that Collier County Ordinance No. 93-72, as amended, the Collier County Administrator Ordinance, be further amended to more specifically protect against Board or Commissioner involvement in personnel matters or administrative services except as provided by law and Ordinance No. 93-72, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: A~TENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 93-72, AS AMENDED, SECTION 2-78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA. Section Three of Collier County Ordinance No. 93-72, as amended, Section 2-78 of the Code of Laws and Ordinances of Collier County, Florida, is hereby amended to read as follows: SECTION THREE: COUNTY ADMINISTRATOR; POWERS AND DUTIES. 1. The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the jurisdiction of the Board. To that end, the County Administrator shall by way of enumeration and not by way of limitation, have the following specific powers and duties to: A. Administer and carry out the directives and policies of the Board and enforce all orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully executed. B. Report to thc Board on action taken pursuant to any directive or policy within the time set by the Board and provide an annual report to the Board on the state of Collier County, the work of the previous year, and any recommendations as to actions or programs deemed necessa~ for the improvement of the County and the welfare of its residents. C. Provide the Board, or individual-members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the Board. D. Prepare and submit to the Board for its consideration and adoption an annual operating budget, a capital budget and a capital program. E. Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases o£the budgetary process. F. Prepare and submit to the Board after the end of each fiscal year a complete report on the finances and admirfistrative activities o£ Collier County for the preceding year and submit recommendations. G. Supervise the care and custody ofall county property. H. Recommend to the Board a current position classification and pay plan for all positions in county service. I. Develop, install, and maintain centralized budgeting, personnel, and purchasing procedures. J. Organize the work of county departments, subject to an administrative code developed by the County Administrator and adopted by the Board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the Board. K. Select, employ and Supervise all personnel and fill all vacancies, positions or employment under the jurisdiction of the Board except County Attorney. However, the employment of an Assistant County Administrator, the Executive Director of the Collier County Airport Authority and all division administrators shall require confirmation by the Board. L. Suspend, discharge, or remove any employee under the jurisdiction of the Board pursuant to procedures adopted by the Board. M. Negotiate leases, contracts, and other agreements, including consultant services, for Collier County, subject to approval of the Board, and make recommendations concerning the nature and location of county improvements. N. See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. O. Order, upon advising the Board, any department under his jurisdiction as sp~ified in the administrative code to undertake any task for any other agency on a temporary basis if he/she deems it necessary for the proper and efficient administration of Collier County government to do so. P. Attend all meetings of the Board with authority to participate in the discussion of any matter. Q. Perform such other duties as may be required of the County Administrator by the Board. 2. It is the intent of Part III of ,Chapter 125, Florida Statutes, and this Ordinance to grant to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of Collier County pursuant to Section l(e) of Article VIII of the Florida Constitution. To this end, the above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy-setting governing body of Collier County and carrying out its directives and policies. 3. No County Commissioner shall direct or request the appointment of any person to, or his removal from, office by the County Administrator or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative services of the County except as provided by this Ordinance. The Board of County Commissioners shall make inquiries,, requests.for.. . , '"', 3 P~.. information, forward constituent complaints or inquiries to staff or schedule staff for meetings only through the Count~ Administrator's Office or a Division Administrator with a copy or notification of such communication to the County Administrator's Office· ~--~.d it: member: shall ~ea! 'x'i'~ t.~.: a&.m;~2s*~ative :er-.'i:es solely t?za'--'~h *~.e C~unB' ~ Neither the Board nor any n;tember thereof shall direct or interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information described hereabove. A violation of the provisions of this section shall constitute malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution. A violation of this section shall also be a violation of this Ordinance and shall be punishable by fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment, or as otherwise may be provided by law. 4. Notwithstanding any of the foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the fight of the Board to retain and employ its own staffwith such powers and duties as the Board may designate. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who shall have sole responsibility for the management of the legal staff. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN TIIE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. Iq ,':,, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2001. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DEPUTY CLERK James D. Carter, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMIT~E OBJECTIVE: To re-appoint 2 members to serve 2 year terms, expiring on December 31, 2003, on the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS..'.. The Isles of Capri Fire Control District Advisory Committee has 2 terms expiring on December 31, 2001. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. The terms for Ms. Tara LaGrand and Mr. Morris James Louis will expire on December 31,2001. A press release was issued and resumes were received from the following 2 interested citizens: CATEGORY APPLICANT Tara LaGrand - re-appt Morris James Louis - re-appt COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE DIST ELECTOR ADV. COMM. IResident of district Resident of district t l IYes ! Isle of Capri Fire Control Dist. 1 I'Yes I Isle of Capri Fire Control Dist Tara LaGrand Morris James Louis GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confn'ming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 11, 2001 AGENDAITEM NO. ~ _ Pg. 1~/26/2001 08:57 F.~ 941 3945862 Isles of Caprl plre ... .' :~,v.v_... , ...... Nox;emb~ 20; 2.001_ . Sue.Fils0a, ExecUtive Manager Board Of'County Commissi0n~rs 3301 Tamiafifi Trail East, Bldg. F · ".OF CAPRI ' ~'ISLES < ' · ..RESC.' ' · · ':.FI~ .&' IUE 'DiST~C'T " .....':" ' .. '"' :' .',.'.'":'.'""" "'i.".' - Naplcs,:?L 341.12 ' . ' · "'Re: I~1~ df Cim'ri Fke Control Disirict Advisory Comh/itt~e - R~-AFP°h,tment of Fk~ Ad~" 7. "' Bo~d M~bers.lsl~ of~fi) . . . .. . -' -~ ~;~.n~ .......... -~ · · · , o,~ .... - -..' ..... ~. -' ~ ', . · -. , ~, ' . ' -'~/~' . . , , ,.o" . . - .rA.,~ . . ~ ',.,~' . ... * ~.~,.m~ ~, ·. .': CAPm *-N, MPI~ES} FLOP'-IDA: 34113' (9'4]} 394-8'/70. .... : ..... : "' :' i..'"-: ' ..'! '" '": Isles of Capd Fire Control District Advisory committee Term Work Phone Appt'd Exp. Date 389-4206 01/25/00 12/3 Ms. Tara LaGrand 12693 E. Tamiami Trail Naples, FL 34113 District: 1 Category: Mr. Gary E. Oriffes 105 ]amaica Drive Naples, FL 34113 District: 1 Category: Mr. Morris James Louis 25 Capri Boulevard Naples, FL 34113 District: 1 Category: Ms. Jerilyn Neuhaus 156 Capri Boulevard Naples, FL 34113 District: 1 Category: Mr. David E. Eiler 112 Capri Boulevard Naples, FL 34113 District: 1 Category: 01/12/99 12/3 Il00 2 Years 389-1264 01109101 12/31/02 2 Years 09/14/99. 389-0371 2/31101 2 Years ~//~ ~- 01/12/99 12/31/00 2 Years 642-7511 01/09/01 12/31/02 2 Years 01/12/99 12/31/00 2 Years 642-7546 01/09101 12/31/02 2 Years Isles of Capri Fire Control District Advisory committee Term A t'd Exp. Date ark phone P_P . ~.,~tt~cnDate 2nd Term . Home ~'h~ne DateRe-appt Name ~- ' This ~ member committee was created by Ord. ~o. 7§-0~ to advise the Board of county Commissioners on the ~udget and operation o! the lsles of Gapd Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. FL STAT t25.01 Staff: Chief Emilio IRodriguez, isles of capri Fire Depart: 394--8770 --,--,~,-. .............. ~-:k 2 O-f2 ~ A,.~ENDA ITEM ...... ~ ........ ~ I'0, 2001 ' "'""~ - Wednesd~, Janua~ . MEMORANDUM DATE: November 5, 2001 TO: FROM: Vinell Hills, Elections Office Sue Filson, Executive Manage~r~ Board of County Commissione't~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ISLE OF CAPRI FIRE CONTROL DSIT ADV COMM COMMISSION DISTRICT Tara LaGrand 12693 E. Tamiami Trail, #170 I"r}(~C~- Naples, FL 34113 ',I '1 M. James Louis 25 Capri Boulevard Naples, FL 34113 ~,. Thank you for your help. AGENDA ITEI~! .... J MEMORANDUM DATE: TO: FROM: November5,2001 Chief Emilio Rodriguez Isle of Capri Fire District Sue Filson, Executive Ma_nag r~'~ Board of County Commissioners Isle of Capri Fire Control District Advisory Committee As you know, we curremly have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Tara LaGrand 12693 E. Tamiami Trail, #170 Naples, FL 34113 M. James Louis 25 Capri Boulevard Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments LaGrand Accounti#g & Tax, Inc. 12695 E. Tamiami Trail # 170 Naples, Florida 34113 Phone: 941 389-4206 Fax: 810 314-0233 Emaih tmicpa~ples, net Sue Filson Fax: 774-8865 October 3 !, 2001 Dear Sue, Please be advised that I, Tara LaGrand would like to be considered for a reappointment to the Fire Advisory Board of the Isles of Capri, Naples, Florida. / Tara Li~9~arid, CPA Mr. & Mrs. M. James Louis 25 Capri Blvd Naples, FL 34113 (941) 389-0371 October 28,200 1 Ms. Sue Filson Board of Collier Co. Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Ms. Filson: Thank you for your letter of October 15, 2001, advising me of the approaching expiration of my term on the Isles of Capri Fire Control District Advisory Board. Working with this Board has been a good experience for me. I believe that our present members work well together with our several experiences being usefully complementary. I further believe that the future holds many new challenges. Continuity of membership will be useful in coping with those challenges. I therefore apply herewith for reappointment for another term. Yours truly, MJL:rl cc: Chief E. Rodriguez RESUME Name: M. JamesLouis Address: 25 Capri Blvd. Naples, FL 34113 Phone: (941)389-0371 Personal: Originally from New York City; NYU ELS 1948; Veteran World War II (ETO); retired 1991; moved to isles of Capd as full-time resident September 1998. Business: 1948-53: 1953-56: 1956-59: 1959-64: 1964-91: Pitney Bowes, Inc. - sales Gale Dorothea Mechanisms - sales Adcolor Display Co. - administration and purchasing James Louis & Co., Inc. - Package Design and Development Burroughs Wellcome Co. (Pharmaceuticals) - Package Development Manager 1999-2001 Member: Isles of Capri Fire Control District Advisory Board. A t B.W. Co. my department was responsible for selecting or designing every package component for every product, for preparing and issuing package component specifications and the Bills of Material which directed how each product moved from bulk to ready-to-ship status. These documents were used by Manufacturing for operating their packaging lines, by Purchasing for procurement of package components, by suppliers to guide them in supplying the company and by Quality Control for inspection of incoming package materials. During my service with the company, our volume of business grew from $60 million dollars per year to well over $1 billion dollars In addition to the experience of managing a key department, I was also active on many different committees, both within the company and in the industry. At the time of retirement, I was Chairman of the Bar Code Committee of the Pharmaceutical Mfrs. Assn., a member of the Health Industries Business Communications Council, and an adjunct Assistant Professor at UNC College of Pharmacy. Conclusion: I shall appreciate the opportunity to contribute to this splendid community by continuing to serve on the ICFD Advisory Board. AGENDA ITEM EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CITIZENS ADVISORY TASK FORCE OBJECTIVE: To appoint 3 members to serve 2-year terms, expiring on December 31, 2003, on the Citizens Advisory Task Force. CONSIDERATIONS..:. This 5 member committee obtains community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. A list of the current membership is included in the backup. The terms for David L. Chilcote, II, Vanessa Fitz, and Darlene Koontz will expire on December 31, 2001. A press release was issued and resumes were received fi.om the following 3 interested citizens: CATEGORY APPLICANT - David M. Corb?~~[ Architect ~~yers I Real Estate William J. McCarthy ] Retired - Food Business COMMITTEE RECOMMENDATION: DiST. ELECTOR_ ADV. COMM- ~ None No Recommendation FISCAL IMPACT.: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confwrning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 11, 2001 Memorandum To; From: Date: Subject: Sue Filson, Executive Manager, BCC Susan Alden, HUI Manager December 3, 2001 Citizens Advisory Task Force (CATF) Vacancies The Citizens Advisory Task Force (CATF) has received three qualified applications to fill the three County appointed positions expiring December 31, 2001. The seats are currently filled by Vanessa Fitz Seagraves, Darlene Koontz and David L. Chilcote II. I was under the impression that Vanessa Fitz Seagraves desired to be reappointed but apparently she did not submit an application as her resume is not in the packet submitted. The applicants are David M. Corban, Ellen Christian-Myers and William J. McCarthy. All three applicants meet all requirements necessary to serve on the CATF. There was not a quorum present at the September CATF meeting and the remaining two members do not constitute a quorum. Therefore, no recommendation from the CATFcould be made. Since the CATF is scheduled to review eligible CDBG applications on January 31, 2002 and review the proposed projects on February 28, 2002, it is imperative that the new members be appointed as soon as possible, preferably in December, as new members will be necessary to carry out above-mentioned contributions to the CDBG process. Please contact me at 403-2339 if you require further information. A new member analysis is attached. Thank you for your attention to this matter. Department of Housing And Urban Improvement Community Development and Environmental Services Divisio~ c~ 0 0 U 0 0 < Citizens Advisory Task Force Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF_.xpDate 2nd Term Mr. David L. Chilcote, II, x~.~ 795 Myrtle Terrace t~,x _ x~ x Naples, FL 34103 ;~,~e? District: 4 Category: Community At Large 403-6405 05/26/98 12/31/99 649-1311 04/11/00 12/31/01 Ms. Vanessa Fitz.. _ . , _ ~ ~ 261-0275 Naples, FL D~trict: 4 Catego~: Communi~ At L~ge Ms. Darlene Koontz 4625 Chippendale Drive Naples, FL 34112 District: 1 Category: Social Science 774-5912 Mr. Albert Doria, Jr. 6134 Polly Avenue Naples, FL 34112 District: 1 Category: Business Leader 774-5211 Ms. Kathleen C. Herrmann P.O. Box 10102 Naples, FL 34101 District: 3 Category: Minority 02/13/96 12/31/97 2 Years 04/11/00 12/31/01 2 Years 02/10/98 12/31/99 04/11/00 12/31/01 2 Years 2 Years 09/26/00 12/31/00 3 months 09/26/00 12/31/02 2 Years 775-3862 04/11/00 12/31/00 8 mos 353-0527 12/12/00 12/31/02 2 Years nursday, O'-e~er 14, 2000 ~ Page I of 2 a NO. Citizens Advisory Task Force [Fork Phone /lppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on July 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant program from the State of Flodda, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion of the grant program. Terms are 2 years. FL. STAT 290.046 Staff: Greg Mihalic, HUI Director:. 403-2330 Thursday, December 14, 2000 t'age ~ oJ' z r ~ /x MEMORANDUM DATE: November 29, 2001 TO: FROM: Vinell Hills, Elections Office ~( Sue Filson, Executive Manage[d/)~ ' Board of County CommissioneS'd Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE COMMISSION DISTRICT Ellen Christian-Myers 7091 Lone Oak Boulevard Naples, FL 34109 William J. McCarthy 840 South Collier Boulevard Marco Island, FL 34145 Thank you for your help. MEMORANDUM DATE: November 5, 2001 TO: FROM: Vinell Hills, Elections Office Sue Filson, Executive Manage~/q, Board of County Commissione~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE COMMISSION DISTRICT David M. Corban 2832 Arbutus Street Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 29, 2001 Greg Mihalic, HUI Director ~ Sue Filson, Executive Managerff~ Board of County Commissioners Citizens Advisory Task Force As you know, we currently have 3 vacancies on the above-referenced advisory committe& A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ellen Christian-Myers 709l Lone Oak Boulevard Naples, FL 34109 William J. McCarthy 840 South Collier Boulevard Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 941 596 2155 ELLEN.cHRISTIAN+MYER'$ Ellen Christian-Myers '/091 Lone Oak Blvd. Hat, les FI 34109 (941)596-213~ November 12, 2001 Ms. Sue Filson Collier County Commission 3301 u. s. 41, Fast Naples, Fl FAX: 774-3602 Drar Ms, Filson: I would like w submit my name ~o serw one one of thc following boards: Commission of Character Council Parks & Recreation Advisory Board Citiz~'s Advisory Task Force panel 1 am currently a realtor with tho Naples Ar~a Board of Realtors, where I have voluntec'~'~cl for seats with various comm/tte~. I am a member of First Bapist Chumh of Naples where I haw s~rvcd a a Lcad~ in tl~ Singles Ministry. I have also saw~d for 2 years as Secretary for the Walden Oaks Master Association, where I rcsicle. Ih ave two degrees: Associate's ihnelAor, sC, F~n~tin8 fm B~ls~mC°~muq~uesne Community College and a Bac grcc · University in Pittsburgh, PA. Rec~nt own'ds have made me awar~ oi'th~ necessity for volunteed~ and participation in local govemmem, and I am ready, willing and able to do my Please advise as to what position you think I can serve best. Sinc~ely, Ellen Christian-Myers V ~GEND~ ITzEM o. ~ 11/27/2881 18:46 9416420457 t~177~3UUZ JEANNE&BILL MCCARTHY Board of County Commissioners ~301 Ea~ T~d~ni Trill 01 :ation for Advisory Committee~/Board$ ~ yo~ a. red,cd vo.r ~ Co~r Ceun~; Y~ ~_ NO , Do you currut~:h~d pu~ o~t? Y~. No ~. MEMORANDUM DATE: TO: FROM: November 5, 2001 Greg Mihalic, HUI Director j~ Sue Filson, Executive Manager~J~ Board of County Commissioners Citizens Advisory Task Force As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: David M. Corban 2832 Arbutus Street Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGEND,~,IT..~/I NO. '"'//3 10-17-01; S:53PM;ARCH NETWORK. INC, _ _ _CHITECTURAL [ ETWORK- INC 837 FtFTH AVENUE SOUTH SUIT~ 202 NAPLES, FLORIDA 34102 PHONE (941) 434-5800 FAX (941) 434-0208 REGISTRATION: AA CO01584 TO: COMPANY: FAX NO: Mrs. Sue Filson Executive Manager to BCC 774.3602 David Corban Advisory Committee Application CC: ; 9414340208 nECE!V~:~, · ? ~._,~.~ ,' ....... ,., DATE: October 17, 2001 # 1/ FROM: RE: PROJECT NO: Number of pages including cover sheet: 3 Original to be mailed: Yes [] No [] Message: Dear Mrs. Filson, 'lease find a comDleted_.application for Collier County Advisory Boards. Please call if you should have any questions. Sincerey, David Corban FAX T R A N S M I S S I O N CONFIDENTIALITY NOTE The information contained in this facsimile transmission is privileged and confidential information person named above. If the reader of this transmission is not the intended recipient, you are here! distribution or copying of this transmission is strictly prohibited. If you have received this transmi,* notify the sender by a collect telephone call and return the original transmission [o sender via U.S. ltended for the use of only the ~-.otif'.~:l-thet .eay.~lis.se~tion. ~ion~i~.J~~ immed~tely iii. ~:~.nk YOu'. <~_~__ ~ 10-17-01; 5:53PM;ARCH NF'TWORK. INC, New Page ! ;9414340208 ~ 21 2 Page l of 2 Do.~p. u'cmzua~lYl~ Id public off'lee?'''Ye~ NO Ir~,:'w]~ti,.tli~t'o:i:~'?: . . , · No http://www.co.collier, fl.us/bcc/advisory%20application.htm 10-17-01; 5:53PM;ARCH NETWORK. INC. ;941454~208 ~ 3/ 3 ?IITECTUR TWORK-INC REGIS'"~T~N . ~ C~1~4 DAVID M. CORBAN, AIA RESIDENCE Full time resident of Collier County since January 1991 PROFESSIONAL STATUS · 1998-Present · 1996-1998 · 1991-1995 · 1989-1991 Principal Architect at Architectural Network, Inc. in Naples, Flodda. A 16-person Architecture and Planning firm with five licensed Architects and two licensed Interior Designers. Project Architect at Architectural Network, Inc. Intern Architect/Project Architect at Andrea Clark Brown Architects, PA, Naples, Flodda Intern Architect at Barany Schmitt Weaver and Partners, Fort Myers, Florida EDUCATION Bachelor of Architecture, Mississippi State University, 1989 Summer Studies in Europe, Mississippi State University, 1989 REGISTRATION Architecture- Flodda, 1996 National Council of Architectural Registration Board Certification PROFESSIONAL ACCOMPLISHMENTS · 2001 Florida Association of the Amedcan Institute of Architects Award for Excellence: Cambier Park Band shell · 2001 Southwest Florida Chapter of the Amedcan Institute of Architects Award for Excellence: Old Naples Seaport · 2001 two projects featured in Florida Caribbean Architecture Magazine. · 1999 Southwest Florida Chapter of the American Institute of Architects Award for Excellence: Offices for Better Roads, Inc. and Clam Pass Park Beach Pavilion. · 1999 "Architecture as Art" Installation Lee County Alliance of the Arts, Invited Exhibitor · Collier County Historical Society - Board of Directors Past Member · 1999 Mississippi State University- 25~ Anniversary Alumni Exhibit. · 1999 Mentor Program Gulf Coast High School, Naples, Flodda · Old Naples Preservation Task Force Member. Sponsored by Naples City Council to develop design standards for new construction in Old Naples. · Guest Juror - University of Florida School of Architecture Graduate Studio. · Guest Juror - Mississippi State University School of Architecture · Architectural Advisor for Naples Community Sailing Center · 1991 Project Designer for home featured on "Home Again with Bob Vila", · 1991 "Architecture>Building" Installation, Florida Center for Contemporary Art, Exhibitor Team Member · SWF/AIA Annual Architecture Lecture Series Committee Member · American Institute of Architects Member · Economic Development Council of Collier County Member AGEND~ NO. Pg. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To re-appoint 1 member to serve a 4-year term, expiring on December 31, 2005, on the Parks and Recreation Advisory Board. CONSIDERATIONS: Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7-member board advises the Board of County Commissioners on matters pertaining to the acquisition, development, and programs involving the CoUnty's park facilities. Terms are 4 years. A list of the current membership is included in the backup. The terms for Mary Ellen Rand and John Grice will expire on December 31,2001. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. [ ,Mary Ellen Rand I Urban ]2 I.Yes [ PARAB COMMITTEE RECOMMENDATION: Mary Ellen Rand FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the CoUnty Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 11, 2001 AGENDA ITEM Memorandum sF To: Sue Filson, Administrative Assistant Board of County Commissioners From: Maria Ramsey, Directo~.._ Parks and Recreation ~'""" Date: Subject: November 26, 2001 Parks and Recreation Advisory Board At the PARAB meeting held on November 20, 2001, it was recommended that Mary Ellen Rand serve another term. Mary Ellen was the only applicant for this position. If you have any questions, please advise. bj Parks and Recreation Department AGENDA ITEM NO. ~._..___ pg. Name Parks and Recreation Advisory Board Work P/tone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Tet'm 2nd Term Ms. Lindy D'Amico 1303 Solana Road Naples, FL 34103 District: 4 Category: Urban Ms. Mary Ellen Rand 550 110th Avenue, N. Naples, FL 34108 District: 2 Category: Urban Mr. Samuel E. Wellborn 815 Nursery Lane Marco Island, FL 34119 District: ~ / Category: Urban Mr. John P. Ribes 218 Woodshire Lane Naples, FL 34105 District: 4 Category: Urban Ms. Lisa H. Barnett 1105 Royal Palm Drive Naples, FL 34112 District: 4 Category: Urban Mr. Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 District: 5 Category: Immokalee 403-5130 649-4093 437-4601 514-3763 455-4694 261-4007 649-49O0 643-9703 657-2401 06/22/99 12/31/02 3 Years 10/26/99 12/31/01 2 Years 02/08/00 12/31/03 4 Years 10/24/00 12/31/03 3 Years 1/12/99 12/31/02 4 Years 05/26/98 12/31/98 7 Months 1/12/99 12/31/02 4 Yrs. ~Thursday,~Oct~ob~-e'-r 2~'6~, Page I of 2 Sa~ Parks and Recreation Advisory Board [Fork Phone ,4ppt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. John C_n-ice 326 Charlemagne Boulevard, I204 Naples, FL 34112 District: 1 Category: Urban 774-5517 12/16/97 12/31/01 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms are 4 years. FL SE4 T: Staff: Maria Ramsey, Parks and Recreation Director: 353-0404 Thursday, October 26, 2000 Page 2 of 2 MEMORANDUM_ DATE: November 5, 2001 TO: FROM: Vinell Hills, Elections Office Sue Filson, Executive Manage Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PARKS AND RECREATION ADVISORY BOARD COMMISSION DISTRICT Mary Ellen Rand 550 1 l0w Avenue, North Naples, FL 34108 · Thank you for your help. MEMORANDUM DATE: TO: FROM: November 5, 2001 Marla Ramsey, Parks and Recreation Director Sue Filson, Executive Manag~ ~ Board of County Commissione~ Parks and Recreation Advisory Board As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Mary Ellen Rand 550 110t~ Avenue, North Naples, FL 34108 Please let me know, in writing, the recommendation for appoimment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attemion to this matter. SF Attachments AGEND~A ITEM Pg. Mary Ellen Rand, RLA Landscape Architectural Services FI. 110001602 550 110'~ AvcN. Naples Fl. 34108 (941) 514-3763 Sue Filson Board of County Commissioners Collier County, Fla. 3301 East Tamiami Trail Naples, Fla. 341124977 October 22, 2001 Dear Ms. Filson, I received your letter requesting that I submit a letter of interest and resume in order to continue in my post with the Parks and Recreation Advisory Board. I have served on the board for the last year and ten months completing a previous term that had been vacated. I do wish to continue and serve a full term with this Board. I have enjoyed my participation and hope that my contributions to the community have been helpful. Since I initially joined this board in 2000, I have become involved in some additional community activities, which I feel allow me to contribute even more to my work as a member. I am currently participating in the Conservation Collier referendum initiative and serving on the Target Lands and Public Outreach subcommittees of this group. I am also involved in the implementation of the Community Character Plan as it pertains to Greenspace planning and older neighborhood revitalization. I have included an updated resume as you requested. I hope that I will be allowed to continue my participation with this advisory board. If you need any additional information let me know. Cc: Parks and Recreation Dept. Representative Projects Mary Ellen Rand, RLA, ASIA 550 110th Ave. N. Naples, FI. 34108 (941) 514-3763 maryerand@aol.com Education: Bachelor of Visual Arts, Georgia State University, 1976 Master of Landscape Architecture, University of Georgia, 1988 Thesis: '"]'he Shared Use of Open Space for Pdvate Development and Public Recreation" Professional Experience 2001-Present & 1991-1995, Sole Proprietor, Landscape Architectural Services (LSA) 1999-2001 Project Manager, Stephen J. Trudnak & Vanasse & Daylor, (TRU,VD) Lee Cry., Fla. 1996-1999 Landscape Architect, Wilson Miller, 0NM) Naples, Fla. 1990-1991 Landscape Architect Surroundings Inc, Birmingham, Al. 1987-1988 LA Assistant, JaegerPybum & Assoc., Gainesville, Ga. Summer1987 LA Intern, The SWA Group, Boca Raton, Fla. Registration: Alabama,Florida Civic and professional activities: Collier Cty Greenspace Advisory Committee 1999-Present Collier Cty Parks and Recreation Advisory Board Member 1999-Present Parks for Naples Park, Chairman 2000- Present ASLA SW Fla. Section, Secretary, 1998 - Present Experience Summary: Ms. Rand has over 14 years experience as a landscape architect working with the design and construction of park facilities and residential and commercial projects in Georgia, AJabama and Flodda. Her responsibilities have included master planning, site planning, hardscape and feature design, landscape design, construction management, and wdfing planning reports, feasibility studies and design guidelines. Park, Civic and Campus Planning: Bonita Beach Road Streetscape Plans: L~dscape pla~s t'or FOr Lee Cts. DOT Radio Road Streetscape Plans: The First Presbyterian Church of Bonita Sprfngs: Site planning and landscape design. Eagle Lakes Park: Master & site planning, Planting and facilities design for a 32 ac. cty park Conners Park:. Master Planning for a 10 ac. linear County Park Center Court Park At Pelican Marsh: Site Planning for a private community park The Community School of Naples: Master planning and site design for campus expansion. Commercial: Heritage Harbour- Master Planning & Design Guidelines for 50 ac. U.S. Home commercial project Shoppes at Santa Barbara - Master Planning Pulling Marina - Resort Master Planning Beachway - Master Planning and golf course design Sabal Bay - Concept Planning Costco, Naples - Landscape & Site Design 5th/3rd Bank, Bonita - Planting Design Creekside Commerce Park - Signage design Design Guidelines Residential: Crown Colony - Master planning, site and landscape design for a Centex Homes golf-course community. Bonita Ba~ Landscape Design and construction management for numerous single family estate homes Terra Verde At Grey Oaks - Multi-family Site Planning Huntington Lakes: Multi-family Site Planning Stonebridge: Multi-family Site Planning Indian Wells, Lely- Planting and Signage Design Centex Homes - Numerous Residential Community projects - Landscape Design Heritage Harbour U.S. Home - Entry Feature Design, Site Planning and Landscape Design AGENDA-ITEM No.. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COMMUNITY OF CHARACTER COUNCIL OBJECTIVE: To appoint 10 members and confirm 5 members representing certain organizations to the Community of Character Council. CONSIDERATIONS: This council was established on September 11, 2001 by Ordinance No. 2001-49 to design, implement and govern activities that will empower our citizens to become a model community of character. Members of the council shall be community leaders representing religious organizations, youth organizations, rehabilitation centers, local media, local businesses and other community organizations. After initial appointments, terms will be 4 years. A press release was issued and resumes were received from the following 12 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Theresa Abraham-Walley Nurse; Leadership Cleveland 2 None Ellen Christian-Myers Realtor 3 Yes None Lisa M. Douglass Environmental 1 Yes None Douglas M. Fee Accountant 2 Yes None Barbara Hattemer Nat'l Family Foundation 2 Yes None Ken Humiston Engineer, Suboceanic Consultant 2 Yes None Jennie Keller Past VP of CBIA; editor, writer 3 Yes None P.K. Misra Consultant/Industrial Engineering 3 Yes None Barbara Plaag Nurse/President GG Chamber 5 Yes None Lourdes Ramann Member of Press and TV 1 Yes None Diane Taylor Civic Leader 1 Yes Code Enforcement Board Elizabeth L. Walker Therapist 2 Yes None The following names were submitted by the respective organizations for confhrmation by the Board of County Commissioners: Board of County Commissioners Collier County School Board City of Marco Island City of Naples Collier County Sheriffs Department FISCAL IMPACT: NONE Commissioner Fred W. Coyle School Board Member Linda Abbott Nicholas Carsillo opted not to participate at this time Lieutenant Karen Strickland GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 10 members, confirm 5 members representing the various organizations, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners DECEMBER 11, 2001 AOENDA ITEM NO. il ~ 0 ~ "d-d 7 AGEND,~I~M NO. ~.,ENDA ~TEM SHERIFF DON HUNTER. COLLIER COUNTY 3301 Tamiarni Trail East, Bldg -J, Naples, FL 34112 (941) 774.4434 www. colliersheriff.org November 12th, 2001 Jean Merritt, Director Department of Public Information 3301 East Tamiami Trail, Building F Naples, Florida 34112 Dear Ms. Merritt: I nominate Lieutenant Karen Strickland for a position on the Collier County Commlmity of Character Council that was adopted by the Board of County Commissioners on September 11th, 2001. Lieutenant Strickland currently serves in the Special Services Bureau of the Collier County Sheriff's Office and would be a perfect fit for the Council. I believe Lieutenant Strickland's input would be invaluable in designing, implementing, and governing activities that will empower the citizens of Collier County to become a model Community of Character. Thank you, and please let me know ifI may be of any assistance in the future. Sincerely, DH;jaf Cc: Lieutenant Karen Stricldand- Special Services Bureau File Pg. "The duty of the Collier County Sheriff's Office is to preserve and protect ~..,~,rict Schoo~',x OFFICE OF THE SUPERINTENDENT 3710 Estey Avenue Naples, Florida 34104-4499 (941) 436-6421 · FAX (941) 436-6451 November 16, 2001 Jean Men-itt, Director Department of' Public Information Collier County Government 3301 E. Tamiami Trail Naples, Florida 34112 Dear Ms. Merritt: At the School Board Meeting last evening, Linda Abbott agreed to be the Board's representative on the Collier County Community of Character Council. Following are the mailing address and telephone number so that you can contact her regarding meetings: Mrs. Linda Abbott 1306 - 28th Avenue, North Naples, Florida 34103 Phone: 649-4286 Sincerely, Dr. Dan W. White Superintendent /dmc copies: Mrs. Linda Abbott Mrs. Anne Goodnight Fairness Honesty COLLIER COUNTY CHARACTER EDUCATION TRAITS Kindness Perseverance Respect Responsibility Self. Discipline MEMORANDUM DATE: November 28, 2001 TO: FROM: Vinell Hills, Elections Office Sue Filson, Executive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMUNITY OF CHARACTER ADV COMM COMMISSION DISTRICT Jennie Keller 4441 15thAvenue, S.W. '~ ~-~.5 -~ Naples, FL 34116 Thank you for your help. 2001 Pg. ~, MEMORANDUM DATE: TO: FROM: November 27, 2001 Vinell Hills, Elections Office Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisor)' Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMUNITY OF CHARACTER ADV COMM_ COMMISSION DISTRICT Theresa Abraham-W[~lley 11740 Quail Village Way Naples, FL 34119 Ellen Christian-Myers 7091 Lone Oak Boulevard Naples, FL 34109 Lisa M. Douglass 600 Saint Andrews Boulevard Naples, FL 34113 Douglas M. Fee 921 Carrick Bend Circle #201 ~ 0 Naples, FL _~411 Barbara Hattemer 702 Bob White Lane Naples, FL 34108 Ken Humiston 324 Sharwood Drive Naples, FL 34110 P.K. Misra 2301 Heritage Greens Drive Naples, FL 34119 ut Barbara Plaag 3290 11m Avenue, S.W. Naples, FL 34117 Lourdes Ramann 16 Maui Circle Naples, FL 34112 Diane Taylor 200 Valley Stream Drive, # 10 Naples, FL 34113 Elizabeth L. Walker 14875 Sterling Oaks Drive Naples, FL 34110 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 28, 2001 Jean Merritt, Public Infonnation_~or Sue Filson, Executive M.an.ager~..j ' ' Board of County Commissioners Community of Character Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Jennie Keller 4441 15~h Avenue, S.W. Naples, FL 34116 Please let me know, in writing within the 41 day time-fi.me, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments N0¥--28--2001 02:10 PM KELLER 352 90?8 P. 0i Board of Co~_~_nty Co. mtnissioners . .... 33~11 E~t T~mi~m, TrI]] ~iV ~!~ Napl~, FL 34112 (941) 774.S0~ ~' ~:L'!'.i'~ Fax: (941) 774-3602 Application for Advisory Committees/Boards Category (lfappllcable):__ Are you a registered v~ter in Collier County: Yen~/' No ._ -- ~ Do you currently hold publle ofltee? Yea No Please l/at y..~ur communl]~ activities (c~vic clubs, neighborhood associations, etc. and posltlon~ heM: ' '~ NOV--28--2001 KELLER 4441 Jennie Keller 15th Avenue Southwest, Naples, Florida 34116 Phone and Fax: (941) 352-9078 E-mail: Kenjennie~aol.com Summary of Professional Background: · Freelance editor and writer for Brainchild Inc. and Builder Index magazine, September 2000 to present · Editor and technical writer for Allen Systems Group Inc., October 1999 to July 2000 , . Editor and writer oft. he award-wkmlng Home & Condo, Dream Hom, e and Homebuyer maga~ncs, April 1994 to Augm;t 1998 o Production director and editor at thc Collier Building Industry Association, 1987 to 1994 · Co-owner and art director of Collier County Printing Company Inc., 1975 to 1987 Summary of Professional Activities: · Member of the National Association of Home Builders for seven years · Member of the Florida Home Builders Assoc~ion in Tallahasscc for seven years and theh: 1998-1999 C,~mmunlcations Committee '.tn 1998 . -~ember of seven building industry associations throughout South Florida (1997-1998): The Golf Coast Builders Association. Building lmlustxy Association of South Florida. ttomc Builders Association of Sarasom, Home Builders Assoc.-ion of Manatee, Charlotte Builders & Contractors Association Inc., Lee Building Indu.~rY Association and the Collier Building Industry Association · Member of the Collier Building Industry A~sociation (CBIA) for seven years · CBIA's 2000 Past Associate Vice President CBIA's 1999 Associate Vice President · CBIA's 1998 Secretary (an elected position) CBIA's 1998 Communications/Public Relations Committee, chair · CBIA's Sales & Marketing Council, member . CBIA's Parade of Homes Committee, member · CBIA's Wonder Home Committee, member CBIA's Membership Committee, member and SPIKE, member · CBIA's Holiday Home Conmaittee, member · Membcr of CBIA's Board of Directors for two years (an elected position) · Parade of Homes' judge throughout Southwest Florida (Palm Beach, Sarasota and Tampa) Gold Coast Builders Agsociation's PRISM Awards judge in Palm Beach, Florida Personal and Community Information: · Fifth generation Flofidian Naples resident for 26 years Twice nominated for the 1998 Collier County Public Relations Professional of thc Year · Member of thc Daughters of the American Revolution · Member of New Hope Ministries Church · Chief coordinator for New Hope Mh6strics Church's Ministry Partners Network, 2000 · Florida CmlfCoast Univ~rs{ty's Crreen House Project Committee, mm-aber, 1998-2000 City of Naples' 1998 Paint Your Heart Out Committee, member · Thc Cambicr Playground Project 1998 Committee, member · Coll~ County's Assembly Center (homeless shelter project) 1998 Committee, m · YMCA's Annual Prayer Breakfast 1997 and 1998 Committee, member 1I 2.301 Ps. // MEMORANDUM DATE: TO: FROM: November 27, 2001 Jean Merritt, Public Information Director Sue Filson, Executive Manage~ ' Board of County Commissione~d Community of Character Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Theresa Abraham-Walley 11740 Quaff Village Way Naples, FL 34119 Ellen Christian-Myers 7091 Lone Oak Boulevard Naples, FL 34109 Lisa M. Douglass 600 Saint Andrews Boulevard Naples, FL 34113 Douglas M. Fee 921 Carrick Bend Circle #201 Naples, FL 34110 Barbara Hattemer 702 Bob White Lane Naples, FL 34108 Ken Humiston 324 Sharwood Drive Naples, FL 34110 P.K. Misra 2301 Heritage Greens Drive Naples, FL 34119 Barbara Plaag 3290 11'~ Avenue, S.W. Naples, FL 34117 Lourdes Rammm 16 Maui Circle Naples, FL 34112 Diane Taylor 200 Valley Stream Drive, #10 Naples, FL 34113 Elizabeth L. Walker 14875 Sterling Oaks Drive Naples, FL 34110 Please let me -know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration- Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 2001 ~to:, 26 01 ~OV 26 O~:SBp O1 02:38p Su~ Fil~on [S41] Board of Country Commissioners 3301 Eas~ Tamiami Trail Naples, FL 34112 (~941) 774-8097 Fax: (941) 774-36112 774-8865 ~. 1 p.1 Application for Advisory Committees/Boards Fax No. Business P~one: c-mail addre~: Business: Category (i f applicable):. Example: Comm~sion Dlslrler, D~vc~apcr, ~nvironmcotali~. lmy l~crsoa~etc. Are you a registered racer in Collier Co~: Yes ./ No Do you currently bold public o~ce? Yes No , / Ifs~ what is ~t o~ce? Do you now serve, or bare yo~ ever served, on · Collier County beard or com~ni~e? Yts Ify~, plme list the cummitt~/bm~l~: Please lest your community activities (civic clubs, neighborhomt associations, etc. and positions Board ~ Co~n~ Comm~iune~. 3301 ~ Tam(~! Tra~ No~. ~ ~411Z lf yo~ w~A, pie·sol, your app~d~ ~ (~41)774-3~2 ~ ~ail to xue~onCd~colli~,v~. 11 2001 Oi 0~: 58p Theresa Abraham-Whalley 11740 Quail Village Way (741 57 -871 whalled@aol.com Education and fralninq General Certificate af Education St. Stephen's College - Trinidad (1965) English Literature Histow Chemistry Stale Registered Nurse Central Middlesex Hospital- London, England (1969) Degree in Cardiology Intensive Care Hospital for Sick Children - London, England (1972] Certified Midwife Perivale Maternity Hospital- Perivale, England (1973/1974) Psychiaffic Nursing Degree Springfield Psychiatric Hospital - England (1975) Diploma in Business Management McGiJl University- Montreal, Canada (1977) Leadership Cleveland for Elected Officials (2000) FBI Citizens Academy Graduate (20001 Administrative Experience City of Shaker Heights, OH 1990 - 2001 · Member of City Council, Shaker Heighl's, OH · Chair of the Safety Committee - Police and Fire Departments · Community Life Committee · Housing Committee · Public Works Committee I i 04: 59p · Member- Internal Affairs Disciplinary Board, Shaker Heights Police Department · Ambassador- Familiarization of new residents to the area after relocation (e.g., schools, hospitals, community affairs] · Graduate - Shaker Heights Citizen's Police Academy · Vice-President, Trustee- Shaker Heights Citizen's Plice Academy Alumni · Coordinator and Liaison- Citizen's Police Academy Alumni nationwide · Coordinator of the Community Diversion Program for First Time Juvenile Offenders - Trainee Bailiff and Supervisor of Sanctions The Cleveland Clinic Foundation lgg0 - 2001 · Ambassador Program - Tours for visiJors and students, assisting in diverse duties for various departments · Board Member-Staff Auxiliary Travel Consultant- Montreal, Canada 1983 - 1989 Vice-President, Morpheus Management Inc. 1977 - 1983 · Responsible for supervision and disbursement of income and expenses Counselor, Monfreal West Information Services 1977 - 1983 · Counseling; assessment and referral for services to Iow income and elderly Coordinator, Midwife Examination Board - England 1975 - 1997 · Coordination, implementation and supervision of exams for student midwives Recenf Affiliations · Member of the Women's Council - Cleveland Museum of Art · Docent Program- Cleveland Museum of Art · Art-fo-Go Program - Art for Underprivileged Children · Cleveland Restoration Society ° English Speaking Union · Womens Advisory Council of the Western Reserve Historical Society · Advisory Board of St. Luke's Medical Centre for Senior Health and Education in the City of Shaker Heights · League of Women Voters · Cleveland Horticultural Center AM ELLEN. CHRISTIAN~MYER- S 941 596 2155 P. 01 NoV--l~--2001 Ellen Christian-Myers 7091 Lone Oak Blvd. Naples Fl 34109 (941)596-2135 November 12, 2001 Ms. Sue Filson Collier County Commission 3301 U. S. 41, East Naples, Fl FAX: 774-3602 Dear Ms. Filson: I would like to submit my name to serve one one of the following boards: Commission of Character Council Parks & Recreation Advisory Board Citizen's Advisory Task Force Panel 1 am currently a realtor with the Naples Area Board of Realtors, where I have volunteered for seats with various committees. I am a member of First Bapist Church of Naples where I have served a a Leader in the Singles Ministry. I have also served for 2 years as Secretary for the Walden Oaks Master Association, where I reside. I have two degrees: Associate's in Accounting from Allegheny County Community College and a Batchelofs degree in Bus, Adm. from Duquesne University in Pittsburgh, PA. Recent events have made me aware of the necessity for volunteerism and participation in local government, and I am ready, willing and able to do my Please advise as to what position you think I can serve best. Sincerely, Ellen Christian-Myers I I 2001 /7 FL DEPT ENV PROTECT "~.'.~d~ 600 Saint Andrews Blvd 34113 ............. . ............... . ............... ..... ...... .,.. 775-2487 '~~p'im~:.332:6975. ..ex:t. !..7...5 ....":~n'--;.,.."..Imdouglass@aol corn · :t~'::.. 'Naples .Junior:Chamberof Commeme (Jaycees)... .... . ......... '~-ion~a Jaycees, C; wm~am Btown~.eiO $~aze Chairman C.. Wiii~am ~own~eid ~996; Pubic ~eiadons State Chairman ... ' 1 ~; In-coming t-trst Laay of the i-loncla daycees zuo2 .......................... . Environmental Education Council- 1996' "' ......... . ........ ~ely ProPerty and Homeowners ASsociation- ·member 1996 " .... ....... .... ~ate'S of Arts- BiOlogical sciences. '" .' '. '. ..' '. ....... · -' ..' ..- I:~,p_ry ,~nmmunity' off,~:r-q' itq nWn a_'~'Am,.n_ I,_q of ~tawardsh!P in thPJrcnmm,initv -- I h~ve'h~_n nm-t'of ~,ch n'gm"? ' '. f_ha_'M:i?l~ -19yCe~_'~ f~5 .vA_nm RAhin_~_ f_he &_-O!!_ntla_'-e_'e_ ho'_"r~- of _dAdie~i_'_~n n~A e~_ rin~ {nH{vi~,,'~L~ ' Th~r'~rff~H~' ' · .... hn~e'~dvn'ntnn~ 'nnv~rtim~nt'~ndnl'nma. rA~_~ nffA. ~_nn't' match' -- th~' idenl;_em of {/nlunt~r~ :n~cl intim~t~ .... I ~ ~dede~c~'~me~ in'all'~h3~A~ nnd"~iz~.bUt ~n vOs'aretnlkin~ about n'comm~n'i~ ~f ChnCn~e~ ~" ' ' · ':boo'ag. ~even iu~ aff elderly ~an saying:t6 an k ~fO~tfi~' Eew ~i¢~ ' Ch ara~ is'th e' ~illar for ~e' ' L~ble ~uni~-and Shouldbe e,S~b~sh~in such a'manner tO ~mmote t~e ve~'st~shju i~ onese[~d' '"" .7 0¢t-02-01 09:11 P.O1 New Page i 330! E~.~t'Ta~damiT ,~.- ~ ..... ? .... ' · ~ '-- ".C "LC. < ~3LJ I,_.~L)~Y~-~-L_~ ....... ,,-~,, /?,~-~ ~Lt/ ,-.~. 0 '~ ~ e~t_ ~c., ~.. t ~ :.----.:~ ......=;,o~-~ .... ~ ~ , . . ;' ~, ---7- ' ~ '",'"c . ~ ~ ..~, ~ .... 5' -- .~ 0 --~. --: .-~-":~:-.-v-~-' -,, ..... ~ ~-- / ~ _ -- ..&- ~ ~(~F'_~' ~ ~ ' uT.Z~f~,_ -~ - ........... ~~ ~: ...... . .... .~ , , ( - . ~ .--' ~ ,~ ~q.; , _ --: ...... ~ , ,~ ~ ~/ ~~ ~ , ~.~ F.I ,--~~--~ ..~' . .. . · ~:~: ~ ~~ . '' ~L-'- -~ .... . t ~-~. h~p:hx~,wvw.coll~eqgov.net,%cc/ad~ ~o~ ,,~oOapphcaLon.htm ~. , /~ ~~'~~ "NATIONAL FAMILY FOUNDATION FAX SENT TO: FAX: FAX SENT BY: FAX #: (941) 566-8908 NOV I ~ 200! DATE: COVER SHEET IS PAGE MESSAGE: d--al -"'~LEASE CALL 941 594-7754 / ~ZO 1~ 2301 702 Bob Wllite Lane- Florida FA~ '9~g' Board of County Commissioners 3301 East Tam[ami Trail Naples, FL 34112 (941) 77~8~7 Fax: (941} 77&3(d~2 Application for Advisory Committees/Boards Fax No. ~"(o.(n - ~'@ _ Business Phone: . Zip Code: ~-mail addrest:~:~ ¼~0_ Are you s registered voter in Collt~r County: Yes ~ Do you currently hold public office? Yes lfso, what b that orflee? NO De y~u uaw s~rve~ or ba..,e yasa ever served, on · Ca411er County board or cocnmitt~? ¥~ lfyez, please Krt the co~mirt~ns/'ooardz: Please li~t your community activities (civic clubs, neighborhood as~octation~, etc. and positions held: .[:>c~-~c~.~-Oa~3 ~a~av-,'~c'- ~'~,o.--o-L~b.~ ct'"v Y~.~Atc~ <aC ~ 2001 In 1987 I organized National Family Foundation to collect and synthesize medical, clinical and social science data to bring greater understanding to the problems of the American family. We held national conferences on daycare and the harmful effect.q of media sex and violence and I was interviewed and wrote extensively on both topics. Locally, we organized an awareness campaign on the importance of fatherhood, sponsored an essay contest in the Collier County School system and offered training in effective fathering to area fathers. I have been promoting character education throughout the county for the last three years. This has resulted in the Sheriff's Department initiating the Character First program and Collier County forming the Community of Character Council. I would appreciate the opportunity to serve the community in this area as a member of the new Council. Board o Coun Commissioners ~n~._~----] ~'~c~l East TamJami ~"" -~. '~¢ ¢.~ .-z. Nal,.-s. FL 34112 ~. ' .~ ~;~. ~941 ) ~ 4-80.7 ? ' " Fax: (941} ~74-3602 Application for Advisory Name:~Ken Hum~ton_ Home Phone: _941-59~2030 . Home Address:~24 Sha~oo~Drive, Naples FL Zip Cofle:~34110 Fax No. 941-594-2025 . Business Phone:~941-594-2021 e-ma~ address~ ~humistonandmoore.com B~iness:~Humiston & Moore Engineers Board or Committee Applied for: .Communi~ of Character Council Category (if applicable):_ Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X Do you currently hold public office? Yes No __ If so, what is that office? No Do you now' serve, or have you ever served, on a Collier Count)' board or committee? Yes If yes, please list the committees/boards: No x Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:___Naples Area Chamber of Commerce Leadership Collier Education: Bachelors Degree, Chemical Engineering, University of Delaware, 1971 Masters Degree, Coastal an~'Oceanographic Engineering, University of Florida, 1974 Experience: USMC, 1966- 1968 U.S. Army (~orps of Engineers, 1975-1978 Hole Montes/Snboceanic Consultants 1978 - 1981 Southern Dredging Co., Charleston S.C., Asst. V.P., 1982 - 1986 Coastal Engineering Consultants, Naples, FL, 1986 - 1991 Humiston & Moore Engineers, Naples FL, President, 1991 - Present pg. S~P--25--01 TUE 1.~;45 PM P. K. MISRA 9415665~25 P. 01 Tuesday, September 25, 2001 P. K. Misra, Ph.D. 2301 Heritage Greens Drive Naples, FL 34119 941-566-3323 p__k_korisa@peganet.com Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 FAX Communication: 941-774-3602 (5 pages with Resume) Dear Ms. Filson: With this cover letter and the copy of my resume, I am submitting my name for the consideration by the Board of the Commissioners for one of the members of'the Community of Character Council (Ordinance # 2001-49). The traits such as compassion, enthusiasm, loyalty and tmth.fi, flness that the Community of Character program would try to promote really touched my heart. I am 60 years old, freshly and completely retired, and I'd like to use my time, skills, and training for the good of my community- the Collier county and its citizens. SEP--25-8~ ~ TU~2~48 PM P- K. MISRA 941566~525 P.02 P. K. Misra, Ph.D. 2301 Heritage Greens Drive, Naples, FL 34119 941-566-3323 SUNIMARY Teaching and consulting experience complemented with a Ph.D. in Industrial Engineering/Operations Research and many years ofprog~essively responsible positions in national and international managemerR of Information Systems in Consumer Goods and Electronics/Magnetics Lndustries. Innovative, analytical, decisive, practical, and dependable. Caring attitude with excellent communication skills. PROFESSIONAL EXPERIENCE 10/97 - 1U00 KING PHARAMCEUTICALS, St. Louis, MO Vice President.Business S.vstem~s STONE CJ~RLIE CONSULTING, LLC, St. Louis, MO 7/97 - 9/97 Senior Manager Oracle Financial~ (DE, INV, PO, AP, AR, GL, EDI) implementation; Development and implementation of Sterling GENTRA_N: Sen'er 5.0 interface with Oracle Financials for ANSI X12 EDI transactions - 850, 844, 867, 875 and 849. ClienL/Server, Lq,IIX, Object teclmology. LOWERY SYSTEMS, INC., St. Louis, MO1/96 - 6/97 Senior C_ onsu..lta~t ~siness Process Reengineering; 3'D Edwards Software consulting; Information Systems Planni~, Developed and taught RPG/400 class for IBM AS/400, Lotus Notes. BASLER ELECTRIC CO., Highland, IL2/93-12/9S ~Direct.or, .N_~[a.nage_ment Infoonatio~ Systems. Responsible for all facets ofcorporat~vdde inlormation systems- planning, development, Operations, and communications network. Staffof 14 people with an annual budget of $1.5 million. Environment included IBM AS/400, IBM Advantis Wide Area Network, Novell 3. LAN, and .iD Edwaxds softmare for Finance, Distribution, and Manufacturing v~th Standard Costing. Seven manufacturing facilities vdth operations in USA, France, and Mexico. Manufacturer o£electronic and magnetic products such as relays, Regulators, Exciters, and Transfom~ers. Adiu..net Assoc. ,professor, SchoolLof Bu~iness~ Webster University~ St. Louis 92-9.4. GATEWAY CONSULTING, INC., St. Louis, MO 5/90 - 2/93 President & Founder & Consultant. Founded GCI in 1990. Was engaged in IBM AS/400 programming, PC, Novell LAN, IS Planning & Analysis, Imaging, Quality & Productivity, Workflow analysis, and Quantitative management technique consulting practice. Developer and owner DiMS Basic/Btrive-based System for the Juvenile Justice practice/enforcement a a. NO. ~ Pg. $EP--25--01 TUE 12:50 PM P. K. ~ISR~ 9415665525 P. 05 UNGERBOECK SYSTEMS, INC,, St. Louis, MO 1/90 - 5/90 Vi.ce..p..resi_dent~ Consul.tine Services Responsible for client engagements. Consulting scheduling, and educational offerings. Developed and conducted A$/400 SQL class. RALSTON PURINA CO., St. Louis, MO 1973-12/89 pirector~ Informa~i. on Services., G~.e..ery products Div. 1988r12/89 Responsible for all facets of the information systems function with over 100 people mad $18 million operating budget in a decemraliTcd environment for a $2.0 billion company. Additionally, direct the employee-involved productivity efforL · Directed the on-time delivery of four milestones including preliminary design specifications in a $6.5 million system development project by instituting Method/1. · Generated tangible cost reductions of $884,000 via vendor negotiations and job restructuring. · Transformed department morale, credibility, throughput, and effectiveness by instituting business disciplines, and by hrrplementing employee involvement process. Director,.productivitv lmorovement - Grocery products Div. 1987 - 1988 Responsible for Lrnplcmcnting white.collar productivity improvement and measurement process (Total Quality Management) to reduce the growth rate of divisional admirdstrative cost. Established performance matrices for Systems, Accounting, and Financial Analysis functions; and redesigned the implementation process re~ulting in a 50% reduction in overalI implementation time. · Trained internal staff, performed, and directed Operation Function Analysis in a 200- employee department resulting in management's acceptance and gradual implementation of 60 recommendations. · Implemented ~treanl~ed label review and approval process thereby reducing the approval process elapsed time by 60%. Director, Information svstem_s-S~rate~¢ Planning and Clien~ Se. rvices 1986-1987 Responsible for technical support and training, office systems and strategic planning with a budget of $1.5 million and 24 people. Director~ Management~nfgrm ~ation..S.y.at~ms - Ralston Purina Intern.'l 1984-1986 Responsible for worldwide (15 countries in Europe, far East, South & Central America, Me×ico, and Canada) information system function with a budget of $6.2 million and s~aff of 85 in a decentralized environment. Director, Info. Memt. Plannine and Contro_l~_G~.c..e.~' .Prodlacts Div. 1982 - !984 Responsible for developing the one-year and tbi'ee-year plans for Grocery. products and three other divisions and coordinating the performance assessment. Associate Director¶ Information Management Planninu,-RP Coroora~te. 19~80 - 198~ Developing, implementing, and maintaining a company-wide information systems planning methodology to ensure that systems are responsive to existing and future user requirements and to optimize the company's return on investment from these resources. AGENDA. ITEM NO. ND SEP--25--01 TUE 12:52 PM P- K. MISRA 9415665525 P. 04 · Conceived, sold, and implemented a company-wide planning and budgeting process in a decentralized enviroaracnt for a combincd expenditure in excc~ of $35 million. Manager, S_vstems ' New .S~rstems developm.ent~ Groe. e~ products Div. 19.78- 1980. Responsible for new business systems and operatiom research models development for Finance, Accounting, marketing, sales, production, Distribution, Advertising & Media, Market Research functions for Grocery Products and four other operating units. Managed slaff'of32. Supe.rviso_ry/Manaaerial P.o. sittons in Ope_ration research and Systems 1973 - 1978 ~diunct Assoc. Pro[ess0r, School of Busi~..ess~ Univ. ,o,f Missouri~ St. Louis ?3-78 SOUTHVO~ST UNIVERSITY, Marshall, MN 1971 - 1973 Associate Professor De artment halrman Busi s Admin. And M t. · Innovated and implemented the internship program Iht Business students and authored weekly newspaper column. · Received and managed a HEW Grant for developing and offering educational programs for the Health-related professionals in the nineteen south-west Counties of Minncsota. FRISCO RAILWAY CO., Springfield, MO 1965 - 196'/ Industrial En~,ine_er Worked on Operations Research models, methods improvements, and on computerized simulation projects; the later was published in a trade publicmion. Kansas State University, Manhattan, Kansas Industrial Engineering/Operations Research Industrial Engineering Honor Societies: Phi Kappa PI~, and Alpha Pi Mu University College of Engineering, Or/ssa, India Mechanical Engineerixag Ph.D. 1971 GPA 4.0/4.0 M.S. 1965 OPA 4.0~4.0 B.S. 1962 GPA 3.5/4.0 Listed in Who's Who in the Midwest OTHERS pg. ~? 3 - SEP--25--01 TUE 12~54. P~ P. K. MISRA 941566~25 P. 05 PUBLICATION~/P~$ENTATIONS 1. Weekly column in local (Marshall, MN newspaper entitled "Tips to Improve Business Management." 2. Presented a paper titled "Using Eleetromyography to determine the comfort zone for writing on a vertical plane," by P. K. Misra and S. Wazimdding at the 14~ annual meeting of Human factors Society at San Francisco, CA, 1970. 3. Presented a paper titled "Invariaat Imbedding, Non-linear Estimation and the Adaptive Forecasting of Stream Quality Pollution," at IASPS symposium on Statistical Aspects of Pollution problems, Harvard Business School, August 30 - September 3, 1971. 4. Presented a paper titled "Steam Quality Modeling by Optimal Filtering and Estimation," at the 7th American Water Resources Conference, October 24-28, 1971, Washington, DC. 5. Misra, P. K. and Stanley, E.S. "Nonlinear Estimation in Stream Quality Modeling," Kansas Engineering Experiment Station, report No. 109, Kansas State University, Manhattan, Kansas, 1972. 6. Misra, P. K. and Stanley, E.S. "Optimal Estimation in Stream Quality Modeling," Kansas Engineering Experiment Station, report No. 110, Kansas State University, Manhattan, Kansas, 1972. 7. Presented a paper tilted "Facility Planning: A Plant Simulation," at the ORSA/TIMS Puerto Rico meeting, 1974. 8. Presented a paper titled "An Integrated Approach to Increase Plant productivity," at the 27 National A.I.I.E Annual Conference, St. Louis, MO 1976. 9. Presented a paper titled "marketing Information System: An Evolutionary Approach," at the Princeton Roundtable (Mathematica) conference, 1978. l 0. Misra, P. lC "Marketing Information Analysis at Ralston Purina," RAMIS Reporter, 1978. 11. Presented a paper titled "What It is Like to be Successful In Implementing O. R. Projects?' Joint National meeting of ORSA/TIMS, Los Angles, CA, 1978 12. Misra, P. lc "Package Helps Purina Analyze market Forces," Computer World, October 30, 1978. 13. Presented a paper titled "Planning - A Key management Function," at the St. Louis DPMA Chapter meeting, November 19, I981. 14. Presented a paper titled "How to Implement sales, marketing Planning and reporting System Successfully," at the Datacon '80 Conference, St. Louis, MO, march 1980. 15. Presented a paper titled "Application of Kalman Filter to water Quality and Comparison With Other estimators," at he Chapman Conference, University of Pittsburgh, may, 1978. 16. Presented a paper titled "Operations Research/Management Science: It's Relevance in Today's Industry," at the 10m Annual Convention of the American Institute for Decision Sciences, St. Louis, MO, 1978. 17. Misra, P. K. "Systems Development and Implementation ~ A Dialogue on Planning and Control of Time, Cost, Contents, and Design," at the DATACON conference, St. Louis, MO, 19076. 18. Presented "production Allocation and Scheduling" at local TIMS Chapter meeting, St., Louis, MO, 1977. 19. Presented "Management Science in Industry" at a local conirerence sponsored by local chapter of AllE and University of Missouri, St., MO, April 1977. 20. Paper titled "An Integrated Approach to Increase Plant Productivity" was one of the twelve semi-finalists in the TIMS College on the practice of management scienci-4,9'7,_~e competition./ AGEND' NO. pg.., ..~8/ 10/08/~001 89: 0~ 0000000080 helter P~gE ~hetter For Abused Women: Fax (94'1} TT5-306t ' The information contained irt this facsimile I~ ~,~yileged and confidential It i~ Intended only for the use of f~e Individulxl or eqtity, named abo~. If the mc~pient of thLs fax ~ not the Intended rec~iet~t, you are het'eby not~fied that any use~ d~;seminaf~oh, distribution of or reproduction ts .st~:dJy pmhlb[ted. If you have received ttl~ communlc~on Irt error, pIe~=e' ncPJ~ US by telephone 'and return the.orlginal via poma! se vice. D.. ID YOU I'OVOW f, hag f,h e SI]elter for Abu$~':d lWbmen"' / offem a variety of services free of chang,; -the only program in Collier County v~hese ' sole purple L~ to serYe y[ctims of doi ~e=ti¢ ¥ioIence? v' Serves more than 5,400 adul~ elderly i.n~Jm/enlle victims ~tnnuall%? --- ~ .... ~-- 'ochre'one: Co.nSel;ng Center, Cou~ Se_r~, 'mmoka[ee Office, Shelter and /- Has helped more than 30,000 Coltier (~oUnt~ {amiDes since ,/ ts-the only shelte{ In the state no!. rcceWing finanoial support, from local co' goYemment? intYAGEND&ITEM CfC 2031 SHELTER ABUSED WOHEN PAGE 82 Barbara Plaag 3290 11th Ave. S.W. Naples, FL. 34117 (941)353-3855 H (94;1) 775-3862 W BPlaag(~ naplesshelt~.:r, org .,:. Professional Biograph!f Objective: Through my pr~)fessi0ns, past, present, and future, I will work to enhance the quali[y of life within my community, Professional History: * Volunteer Coordinatorl,~;helter for Abused Women 6/g9-current ' Owner/certified operatiir of Tamiami Pest Control, Inc, (1984- current) * Executive Director of tl'~ (..~olden Gate Chamber of Commerce, Visitor Center and Gol~ en Gate Festival (October 1995-February -25, t997) Chief executive all~! administrative officer of the organizations * President of the Goldeii Gate Chamber of Commerce (1996) * President of the Golder: Gate Festival (1994 & 1995). * Director, Golden Gate (;hamber (1994) * Secretary, Golden Gate':Chamber of Commerce (1993) * Patient- Family Care Ci~ordinator, Hospice of Naples, Inc. (1984) * ' Director/owner of Ndrs,~s of Naples, Inc. * Registered Nurse, NaP~.e% Community Hospital0CU, CCU depts. (1979-1983) * Owner of retail busine~ with husband, Toms River, New Jersey * Registered Nurse at H~.lene Fuld Hospital, Trenton, New Jersey ( 1968-1978) Education: * Educational seminars i: Chamber of Commerce related * Continuing education in nursing and pest control * I 1/2 year course of st~y completed in Entomology from Purdue University (1993) * State Certified Pest Cc~b'ol Operator ( licensed (1984) * RN, Helene Fuld Hos~;~t and S,O,N;, .Trenton, New Jersey (1968) . Full Scholarship ' Diploma, Pennsbury H~J!~ School, Yardley, Pa. (~1965) Academics, Music, Nat~'~3nal Honor Society Pg._. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 "' Application for Advisory Committees/Boards . ~'._. {2~ Y'VX Rome phone: HomeAddres,=_ [ ~ '~ ~ ~ ' Ct ~ ~t ,ZipC~e: . Bm~c~ Phonc: ~.~ c~ ~ ~ e-man address: Ca~go~ (if ~ble):_ A~ you a re~tered voter ~ Coffier Co~: Yes ~ No D° you currently hold pubic office? Y~ No ~ Ifs~ ~at b ~at ~ee? ~ Do y~ now se~ ~ ha~ ~ ~er s~, on a C~i~ C~ ~ or co~i~? Y~ No ~ Ify~, ~e lira the ~mmiR~~:. · i activities (civic clubs, neinhborhood association~, etc. Please list your commuu ty held: PROSINA, Giovanni (NR) 430 E. 89th Street #1D New Yoflq NY 10128 fela~ s-lwa/1) gipros~aoLcom (H) (212) 996-7360 PROFFfT, Philip 10936 Irma Avmuc Tuiu~a, C~ ~1042 ~ (213) 344-3333 (H) (818) 3534100 PRUSS~, Jeffrey Washington Editorial Services, Inc. P.O. Box 600580 Jacksonville, FL 32_241-0580 (w) (904) 534-1043 11043 River Port D~, W fft4~) (904) 8864297 Ja&aonville, FL 3 ~2223 (H~ £-Mail) jprus 1234C~ol.com PTACEK, Russ (NR) NewsTV Corporation 61(; Kentucky (~) (785) 8384800 Lawrence, KS 66044 (W-~) {913) 749-0099 {~adr~.E-Matl) rpmcekC~newstv, net 'agon Wheal mcr., KS 66044 I~ (913) 865-0890 PUGLL~ Gemma P~ (Nm) National Broadcasting Co. 30 RodceEe21~ Plaza New York, NY 10021 245 i 63rd Street, #718 New York, ,NY 10021 (212) 759-0987 t~LEN, Rkhard ON'R) 59_9 14th Street, NW,'#1117 Washington, DC 2004S (~ (202) 347-3090 (W-fax) (202) 347-3091 ~r~,rk E-Mail) RickPullenC~erols. com 1319 Augustine Avenue Fzedefic~burg, VA 22401-5305 fill (5401 899-9601 PYD~, Thomas J. Chev~let Motor Di~ion 100 Renaissance Cenmr, P.O. Box 100 Detroit, ~ 48265-1000 0~ (313) 66%9181 (w-f~) (313} 6674007' NON-KESIDENT MEMBERS 351 Q~, Mary Kay (NR) 7523 S. 35th Street Idmcoln, NE 68516 (H) (402) 420-1473 QUtNTO, joey California Journal for F'~pino Americans 9201 W'flshire Bird #103, P.O. Box 1122.9 Beverly Hills, CA 90210 (nv) (310) 2780201 (w4ax) (310) 278-9255 (Work £-~ai0 InfoC~filam. com P,.~E, ~c ~. Bell Atlantic Corporation 1717 Arch Street, #29N (w) (215) 963-6531 Philadelphia, PA 19103 (w-fax) (215) 575.-0961 (Work E-Ma J) eric.w, rabe~bellatlantic_com 112 Buck Lane Haverford, PA 19041 (H) (610) 896-9880 gmVlANN, Lour&s F. Rammm and Graspo T~, Inc. 16 Mau~ Circle : Naples, FL 33962 (H) (914) 965-3024 RANDAL, Judith E. (NR) Mouse Trap Farm 37950 Stevens Road (w) (540) 822-5715 Loveusvflle, VA 20180 (w-hx) (540) 8220071 (work E-Mail) mouserrap@mindspring.com Frederick News-Post P.O. Box 578 Frederick, MD 21705-0578 C~ (301) 662-1177 (w4axl (301) 682-7831 (wo~ E-,x~) georgegspmC~aol.com 15011 Motter Station Road Rocky Ridge, MD 21778 ~1 (301) 447-3656 RANDOLPH, Jenning~ (Gokten St. Johns Mercy Skilled Cenu:r 9648 Olive, #225 Oliveui, MT 63132 CZC 1.1 2331 pg. ~/ E AGENDA NO. Application for Advisory Committees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Fax No. ~ Business Phone: [,,""'" Business: Elome Phone: .Zip Code: '%~. e-mall address: Board or Committee Applied for: ~oX~x'~,ax'~ '~':'- '/ Q--~t'~e I Categor3' (if applicable): Example: Commission District, l~velop~r, emSronn~ntali~ Lay l~rsom ~- Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office? Yes No ~ If so, what is that office? ..... er ~-untv board -r committee* Ves ~ No . Do you nons' serve, or have you ever serveq~on a corn vo . ~, ' a-' c, Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: %~_~ Please attach any add;t~nnal information you feed tn~rtin~na TI~ appllt~tion thould b~ forwarded to Sue Fd~on, .4dministrgtive _4~si. stant to The Board of Cmmty Conm~ion~rx, 3301 Ea~ Tamiami Trail Napier, FL 34112. If yo~ nigh, ple..~e fax your apFt-;¢~nn to ~4 I)774-3602 or ~ to suefdson~..colliergov, net Tluu~youfog .~lu*~ to t~e t~ ~-n~ sfColl~ Courtly. Application for Advisory Committees/Boards Collier County Board of Commissioners 3301 Eaat Tamiami Trail Naple~, FL 34112 (941) 774-8097 Fax: (941) 774-3602 No Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? No Do you now serve, or have you ever served, on a Collier County. board or committee.'? Yes No If yea, please list the committeea/boards: .%im~.~. r'n~v~r~O, +c~ ~4od?le~ ¢ror-r~ ~l~r._,3r~c~r r~O : l k~~ tx.)~ 9"0 tcoe~"x"~v-r~'. I F'~ vo JB'~ Please list your commnnity activities (civic clubs, neighborhood associations, etc. and positions held: E~uucation: Nco A,Ol,~r,,'~/q - ,Ione~br~m A~ (tO~) ~,~,. ~ I I ' - I ' ' E~fience: AGENDA EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE: To re-appoint 2 members to serve 2 year terms, expiring on December 31, 2003, on the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Cemer MSTU District. Terms are 2 years. A list of the currem membership is included in the backup. A press release was issued and resumes were received fi.om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Vicki A. Clavelo Resident of MSTU District Kaydee Tuff Resident of MSTU District COMMITTEE RECOMMENDATION: 3 Yes GGCCAC 3 Yes GGCCAC Vicki A. Clavelo Kaydee Tuff FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confwrning the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 11, 2001 filson_s ~rorn: nt: ~ o: Subject: larson k Tuesday, December 04, 2001 6:33 AM filson s GGC~ Advisory Board Sue, Good morning. At last nights Golden Gate Community Center Advisory Board meeting, the board voted to recommend both Vicki Clavelo and Kaydee Tuff for reappointment to the GGCC Advisory Board. Would you please pass this on to the BCC. Call me should you need any more information. Thank you, Keith Golden Gate Community Center Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term 03/28/00 12/31/01 2 Years Ms. Kaydee Tuff 2642 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Ms. Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Mr. William E. Arthur 4200 22nd Place, S.W. Naples, FL 34116 District: 3 Category: Mr. James J. Hennink 4397 21st Avenue, S.W. Naples, FL 34116 District: 3 Category: Ms. Vicki A. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 District: 3 Category: 455-3496 353-7969 455-4503 353-3697 455-1475 12/03/96 12/31/98 2 Years 12/12/00 12/31/02 2 Years 09/26/00 12/31/00 3 Months 09/26/00 12/31/02 2 Years ~ 0 09/26/00 12/-~ 1/0 3 Months 09/26/00 12/31/02 2 Years 06/08/99 12/31/99 6 months 12/14/99 12/31/01 2 Years Tl~t~i~y~- December 14, 200 Golden Gate Community Center Advisory Committee I~Zork Phone /lppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing District. Terms are 2 years. FL STAT 125.01 Staff: Maria Ramsey, Parks and Recreation Director: 353-0404 Thursday, December 14, 2000 Page 2 of 2 MEMORANDUM DATE: November 5, 2001 TO: FROM: Vinell Hills, Elections Office _~ Sue Filso~ Executive Manage~_J Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG COMMUNITY CENTER ADV COMM COMMISSION DISTRICT Kaydee L. Tuff' ], ~ .¢.: '? 2642 44'h Terrace, S.W. ~.'}~ ' Naples, FL 34116 Vicki A. Clavelo 3610 21" Avenue, S.W. Naples, FL 3417 Thank you for your help. pg._ ~ MEMORANDUM DATE: TO: FROM: November 5,2001 Marla Ramsey, Parks and Recreation Director SBUoearF~ olL~°f~oEXeCuntyUt~e Mmmi~Ten~rs~ Golden Gate Community Center Advisory Committee As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kaydee L. Tuff 2642 44t~ Terrace, S.W. Naples, FL 34116 Vicki A. Clavelo 3610 21~t Avenue, S.W. Naples, FL 3417 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi.me, and I will prepare an executive smnmm~ for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Pg. F~ F~om: Sent: To: Subject: [tuffpublications(~earthlink.net] Sunday, November 04, 2001 7:00 PM suefilson~colliergov.net Vacancy Sue, I would like to reapply for my seat on the Golden Gate Community Center Advisory Committee. Attached is my resume. Thank you, Kaydee Tuff _-- tuffpublications@earth!ink.net --- EarthLink: It's your Internet. Kaydee L. Tuff 2642 44~h Terrace SW Golden Gate, FL 34116 Home: 353-1687, Work: 353-0444, Fax: 353-9040 Email: Tuffpublications~Earthlink.net Education: · 1977 graduate Bemidji High School, Bemidji, MN · 1981 graduate Jamestown College, Jamestown, ND. Elementary education major, early childhood minor. Work experience: · 1989- presem: Managing Editor, Tuff Publications, Inc., Naples FL. · 1985-1989: Reporter/photographer, Tuff Publishing, Blue Earth, MN. · 1981-85: Kindergarten teacher, Franklin Elementary School, Jamestown, ND. Community involvement: · Golden Gate Civic Association Member since 1991; President, 1994; Board member, 1994 to present · Golden Gate Woman's Club Member since 1995; President, 1997-98 and 1998-99; currently vice president · Golden Gate Drug Prevention Lemonade Stand Chairman, 1996 to present · Golden Gate Community Center Advisory Committee, 2000 to present · Golden Gate Presidents Council, 1994 to present · Golden Gate Civic Association Holiday Events Chairman, 1994 to present · Cub Scout Pack 505: Den leader and board member, 1994-1999 · Golden Gate Community Advisory Committee Family/Personal: Married to Russell Tuff since 1979. Two children, Riley, 15, freshman at Naples High School, and Allyn, a sixth grader at Golden Gate Middle School. Member of Trinity By The Cove Episcopal Church. We moved to Collier County in 1989 and purchased one publication per year until 1993. We currently publish two weekly newspapers, the Everglades Echo and the Golden Gate Gazette; and the Naples Times ( a monthly publication). 3610 - 21st Avenue, S. W. Naples, FL 34117 October 30, aO01 Ms. Sue Fi lson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 RE: Golden Gate Community Center Advisory Board Dear Ms. Filson: Enclosed please find my resume for consideration for reoppointment to the Golden Gate Community Center Advisory Board. Thank you. Sincerely, Vicki A. Clavelo /VOC Enclosure QESU~4E Vicki A. Clavelo 3610 - 21st Avenue, S. W. Naples, FL 34117 (941) 455-1475 EDUCATION: Hialeah Senior High School, Hioleah, Florida EMPLOYMENT: Vicki's Secretarial Services: 1988 - Present Coastland Buildin9 Corp./Camelot Homes: 1984 - 88 Metro-Dada County Fire Department: 1970 - 84 ORGANIZATIONS: REFERENCES' Naples Fishin9 Club 1997 - Present (Board Member/Newsletter) The Conservancy of Southwest Florida 1997 - Present Golden Gate Community Center Advisory Board 1994 - Present Golden Gate Woman's Club 1992 - Present (Treasurer) Golden Gate Estates Civic Association Golden Gate Area Civic Association Golden Gate Area Chamber of Commerce 1988 - Present (Charter Member) Beta Sigma Phi Sorority: 1973 - Present Emergency Medical Services Advisory Council 1991 - 94 Golden Gate Business Association 1988 - 89 bade Coun~ Fireman's Benevolent Association 1977 - 82 Available on Request Pg. EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT FOR FIRST RESPONDER TRAINING BETWEEN COLLIER COUNTY AND THE GOLDEN GATE FIRE AND RESCUE DISTRICT OBJECTIVE: Board of Commissioners approval of an Interlocal Agreement - MOU between Collier County and the Golden Gate Fire Control and Rescue District in accordance with Florida Statute Chapter 401.35. CONSIDERATIONS: On July 1, 1993, the State of Florida passed legislation, (Chapter 401.35F.S.) xvhich requires all non-licensed first responder agencies to make all reasonable efforts to enter into a Memorandum of Understanding (MOU) with the local, licensed EMS Provider, in order to coordinate emergency services at an emergency scene. With the execution of the Interlocal Agreement - MOU, the professional standards of basic patient care and equipment, quality assurance and documentation as defined by State of Florida Bureau of Emergency Medical Services and the Collier County EMS Department, as the licensed medical provider, will be achieved. The folloxving fire departments have previously entered into a Memorandum of Understanding with Collier County: Ochopee Fire District, Isles of Capri Fire District, North Naples Fire District, Big Corkscrew Island Fire District, City of Naples Police and Emergency Services Department, East Naples Fire District and City of Marco Island Fire Department. The Golden Gate Fire Control and Rescue District's Board of Commissioners approved and signed the attached Interlocal Agreement - MOU on November 14th, 2001. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Board of County Commissioners approve the Interlocal Agreement for First Responder training between Collier County and the Golden Gate Fire Control and Rescue District. SUBMITTED BY: APPROVED BY: (~j(,~ ~.~.~ Date: Jeff Page, l~&or of Operations, EMS Tom~S'~orrar, En~ergTy SXeffic es Administrator AGENDAJTEM No. ! O f/T DEC 11 2001 INTERLOCAL AGREEMENT - MOU THIS INTERLOCAL AGREEMENT dated this day of , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the Golden Gate Fire Control and Rescue District, created by Special Act of the legislature in the Laws of Florida 65-2032, hereinafter referred to as "Fire District" WlTNESSETH: WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of First Responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein the parties agree as follows: A. DISPATCH PROCEDURE: The Fire District Operates on Collier County Sheriff's Office Control channel, therefore the Fire District shall continue to operate under existing Collier County Sheriff's Office dispatch procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a First Responder, an individual employed by the Fire District must (a) successfully complete at a minimum a course that meets or exceeds the 1979 U.S. Department of Transportation First Responder training course, or an Emergency Medical Technician-Basic Course, that meets the U.S, Department of Transportation 1994 Revised EMT-Basic National Standard Curriculum, or as amended. (Proof of course completion is required); and (b) successfully AGENDA]iTEM i No. DEC 11 2001 pg. complete an AHA CPR Basic Life Support for Healthcare Providers, or ARC CPR Basic Life Support for professional resc.ue. (Proof of course completion is required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All First Responders, upon arriving at a scene and deeming that the scene is safe, will begin patient bare, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). If the scene is not safe, the First Responder will retreat to safety and notify other responding emergency units of the unsafe situation. A copy of the guidelines is attached as Exhibit A; Basic Life Support Protocol, or as amended. D. QUALITY ASSURANCE. (NON DISCIPLINARY) 1. A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basis using the Fire District run report. Run reports are the responsibility of the Fire District. 2. The Basic Life Support Coordinator will conduct a two-part quality assurance review: bo assurance worksheet in the form of Exhibit B, or as amended. Individual run report review by Basic Life Support Coordinator or Medical Director. The Medical Director or Basic Life Support Coordinator or Designee shall inform the Fire District or EMCC/liaison of any Quality Assurance investigations. Field evaluation where the Basic Life Support Coordinator, the Medical Director and/or the Fire District's Emergency Medical Care Coordinator, "EMCC", randomly respond to calls without notice to the Fire District. If a quality assurance review determines that there is a deviation from the procedures and guidelines, attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality AGENDA/~TEM No. /'¢ /1 DEC 11 2001 3. 'The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1' Constitutes a serious breach of protocol and/or has a negative impact on the patient's prognosis. The individual First Responder together with the Basic Life Support Coordinator will review all Level 1 concerns. The Basic Life Support Coordinator and the Medical Director in conjunction with the Fire District's EMCC shall assure that the individual First Responder receives additional training and education. Level 2: Constitutes a breach of protocol that had minimal, or no impact on the patient, but would be considered poor clinical treatment or decision-makin'g. The individual First Responder together with the Basic Life Support Coordinator will review all Level 2 concerns. The Basic Life Support Coordinator and the Medical Director in conjunction with the Fire District's EMCC will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4: Provides a means for communication between the individual first responder and Basic Life Support Coordinator. E. IN-SERVICE PROGRAM. The in-service program provides face-to-face training for the First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. At a minimum, twenty-one (21) in-service classes a year will be offered at the Fire District's Stations. Scheduling of in- 3 AGENDA.ITEM No. DEC 11 2001 pg. services will be done in conjunction with the Fire District's EMCC. The in-services will follow the DOT/EMT-B first responder curriculum and will contain both didactic and hands-on skill evaluations. The Medical Director will approve one (1) hour of Continuing Educational Units (CEU) per hour of in-service topic. The CEU's can be applied toward the re-certification of an Emergency Medical Technician Basics (EMT-B) certificate. EMT-B's are responsiSte for attending inservice classes to acquire the minimum 32 CEU's required by the Florida Department of HRS to recertify biannually. Failure to meet this requirement will mean immediate suspension of the EMT-Basic's ability to work under the roles and responsibilities as an EMT-Basic. Actions of this type will involve the Fire District chain of Command. In order to enhance the training program, the Fire District will identify one person to act as the liaison or Emergency Medical Care Coordinator to the Basic Life Support Coordinator and the Medical Director. The liaison or EMCC shall work with the BLS Coordinator to enhance the BLS Program and will assist in teaching per the annual published inservice schedule. F. Automatic External Defibrillator (AED) TRAINING. completed yearly through the regularly scheduled in-service program. include re-certification of a first responders CPR for Health Care necessary. The Basic Life Support Coordinator will also handle all quality assurance. AED training will be The AED training will Professionals when record keeping and G. DOCUMENTATION. Upon completion of a medical call, the First Responder meeting the necessary qualifications will complete the Fire District run report. Confidential medical information documented by the Fire District's First Responder run report will be handled in a manner consistent with federal and state laws. All basic life support run reports are confidential medical information. The format for written documentation of a patient encounter shall be: chief complaint, age and sex of patient, vital signs and assessment findings, followed by the treatment rendered. The First Responder shall also document NCGE~DA/'~TM DEC 11 2001 Pg. ,~ times and who performed the procedures. This information responding EMS crew prior to departure from the scene. shall be provided to the H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval by the Medical Director prior to purchase. This will create a system that p.rovides for the standardization of all basic life support medical equipment throughout the' nine area fire districts. The Fire District will equip front-line response units with Chapter 64E-2, Table Ill, Ground Vehicle and Service Standards; Florida Administrative Code, medical equipment and supplies for non-transport basic life support ground vehicles. I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. In the event that Collier County EMS Department is notified of an exposure to infectious disease, EMS shall notify the Training & Safety Officer and/or EMCC of the Fire District so they may take appropriate action. Upon notification, the treatment procedures shall be the responsibility of the Fire District. J. FILING: A copy of this Agreement shall be filed with the Department of Health and Rehabilitative Services, Bureau of Emergency Medical Services, 1317 Winewood Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier County EMS Department License File. K. OTHER AREAS OF AGREEMENT: The Fire District's EMT Paramedics may also participate in any EMS training available to EMS personnel, i.e.: BTLS, ACLS, PALS and monthly ALS Medical Director Inservices. AGENDA~TEM No. /,~/t DEC 11 2001 P~I. L. AGREEMENT TERM: This interlocal Agreement shall remain in full force and effective from October 1, 2001 and, thereafter, shall be deemed extended year to year upon the same terms and conditions contained herein. M. TERMINATION: The County or Fire District may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination to the other party. N. NOTICE: Notice to the County shall be provided to: The Collier County Emergency Medical Services Department. Notice to the Fire District shall be provided to: The East Naples Fire Control and Rescue District. IN WITNESS WHEREOF, the parties hereto have caused this interlocal Agreement to be executed by their appropriate officials as of the date first above written. ATTEST: Dwight E. B~ooA, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Colli~ounty Medical Director Golden Gate Fire Control and Rescue District James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency J~ue~ne Hubbard Robinson, Assistant County Attorney AGENDA I,,~LEM No. /,~ DEC 11 2001 COLLIER COUNTY EMERGENCY DEPARTMENT M.O.U.- BLS PROGRAM SERVICES BASIC LIFE SUPPORT PROTOCOL FOR FIREIRESCUE PERSONNEL AUGUST 2000 REVISION DR. ROBERT BOYD TOBER, MEDICAL DIRECTOR CAPTAIN HELEN ORTEGA, BLS COORDINATOR/COLLIER COUNTY EMS DEPARTMENT AGENDA I~TEM No. /~ ~ DEC 11 2001 The intention of this BLS Protocol is to assist the fire departments participating in the MOU in delivering basic patient care to our community, consistent with medical standards. This revised 1998 version of BLS Protocols provides the Off-line medicat direction that is required for the EMT-Basic to function within the guidelines set forth in the 1994 EMT-B standards. The following general measures shall be applied to help promote efficiency and safety when rendering emergency care to the ill or injured: When applicable, obtain verbal consent prior to treatment. Respect the patient's right to privacy and dignity. Courtesy, concern and common sense will assure the best care. Any competent adult has the right to refuse any and all medical care. Should a patient refuse care, an EMS Department Paramedic must assure the appropriate release form is read and signed by the patient. The first responder shall provide information to the EMS unit regarding the patient's condition and treatment to that point. If medications have been administered, the EMT-B shall include a time, name of medication, amount administered, route and vital signs from The initial assessment and reassessments. When first responders and EMS Paramedics arrive on scene together, both shall work together with medical equipment needs, etc., to assure that the patient receives initial treatment from the highest trained medical professional. Fire personnel shall not proceed to a patient's side without minimum basic airway equipment and SAED. 8100 GENE,~:::~AL MEDICAL DIRECTION/CONSENT/REFUSALS AGENDA I/]'EM No. '/'~ tf DEC 11 2001 pg. (~ Infectious Disease Protocol At ali times, use universal precautions: 1. Wear gloves to prevent contact with patient body fluids. 2. Wear masks and protective eye gear during procedures likely to generate droplets of body fluids, 3. Wear gowns during procedures likely to generate splashes of body fluids. 4. Practice the proper c]eaning and disinfection or disposal of equipment and supplies, 5, Wash hands thoroughly before and after patient contact, and after the removal of gloves. If a First responder becomes exposed, they should immediately wash the contaminated area with soap and water as soon as possible and advise the EMS Paramedics so they can relay to the ER Physician where the patient is transported to that a" significant exposure" · has occurred and request that the patient be tested. ALWAYS FOLLOW YOUR DEPARTMENT'S EXPOSURE PLAN! 8/00 INFECTION CONTROLS AGENDA II'EM No. /~/~ DEC 11 2001 Each patient encounter shall include an initial assessment followed by a SAMPLE history and medical or trauma assessment. Baseline vitals will be obtained and documented along with assessment findings on the trip sheet for the department. The importance of a strong assessment cannot be emphasized enough because the rescuer intervenes or treats based upon the assessment findings. QUICK REFERENCE HISTORY For a Basic History: S=SIGNS & SYMPTOM.S A=ALLERGIES M=MEDICATIONS P=PREVIOUS ILLNESS L=LAST MEAL E=EVENTS PRIOR GUIDE For a history/assessment of PAIN: O=ONSET(What were you doing when this began?) P=PROVOKES(What makes the pain worse?) Q=QUALITY(What does the discomfort fee/like?) R=RADIATION(Does the discomfort move anywhere?) S=SEVERITY(On a scale of 1-fO...rate your pain) T=TIMING (How long ago did this begin ?- duration) V=Have you taken Viagra in the past 24 hrs? If YES, DO NOT USE NTG[[! .8/00 QUICK REFERENCE FOR SAMPLE HX & ASSESSMENT AGENDA I~EM No. DEC 11 2001 TO ASSESS THE LOC USE AVPU A= ALERT & ORIENTED V= RESPONDS TO VERBAL STIMULI p= RESPONDS TO PAINFUL STIMULI U= UNRESPONSIVE CAUSES FOR ALTERED LOC- AEIOU-TIPS A= ALCOHOL E= EPILEPSY I= INSULIN O= OPIATES U= UREMIA T= TRAUMA /s ther8 etoh on board? Has this l~atient seized? Insulin shock? Narcotics or some F~x cough reeds? Chemical imbalance? Has there been a recent Trauma? 1= iNGESTION or INFECTION Overdose ? OR Septic shock? p= PSYCHIATRIC Hysteria? S= SYNCOPE Fainted? Vaso-vagal episode? 8~OO o~..~/r.~ / .~.""- 4-¢~'"' .; · ., / ~ QUICK REFERENCE FOR ASSESSMENTMEMONICS FOR LOC AGENDA ITEM No. DEC 11 2001 -IS THE SCENE SAFE? -USE UNIVERSAL PRECAUTIONS- gloves, masks, gowns as indicated. -AS YOU APPROACH LOOK AT THE GENERAL APPEARANCE - consider trauma in any medical patient of altered LOC and take spinal precautions if their is any doubt. -OBTAIN CHIEF COMPLAINT Ask, What's wrong? -ASSESS THE LEVEL OF CONSCIOUSNESS BY A-V-P-U METHOD -A - Airway - open and maintain using head-tilt-chin lift or Jaw thrust as indicated -B - Breathing- assess the rate and quality - APPLY OXYGEN NOW if protocol indicates -C - Circulation- check the carotid and radial pulses -D - Disability- Is there any bleeding that needs control? Assess Capillary re~ll and skin color, quality and temperature -E - Expose- Expose the areas that are to be assessed in the focused assessment -Obtain a set of vital signs including the pulse, respirations and full blood pressure (VITAL SIGNS RANGES FOR ADULT CHILD AND INFANT ON OPPOSITE SIDE) 8~OO INITIAL ASSESSMENT AGENDA I,.,,~ M No, /~ DEC 11 2001 MEDICAL PATIENT'S FOCUSED ASSESSMENT: Obtain a SAMPLE history while performing your assessment; · HEAD:check pupils for equality and response to light; · Check the mouth'an.d breath · NECF:: check for JVD, accessory muscle use · THORAX: check for equal expansion, rash-hives,retractions and breath sounds · ABDOMEN: check the general appearance- Flat? Distended? Obese? Protrudent? palpate: soft? rigid? tender? painful? masses? · PELVIS: general appearance, gentle compression should be non-painful · EXTREMETIES: check for movement, strength, grips, rashes and distal pulses · BACK: check the skin for rashes and breath sounds 8/00 FOCUSED MEDICAL ASSESSMENT AGENDA ITJ~M No. /~ /'1 DEC 11 2001 · UNIVERSAL PRECAUTIONS & SCENE SAFE? · ASSESS THE MECHANISMS OF INJURY (as you approach) · STABILIZE C-SPINE · ASSESS THE LEVEL OF CONSCIOUSNESS -AVPU METHOD · OPEN AND MAINTAIN AIRWAY WITH JAWTHRUST · ASSESS BREATHING RATE & QUALITY; APPLY OXYGEN NOW 15 Ipm NRMask · Provide ventilator~ support via BVM & supp. or 02 BY NRM 15 LPM · ASSESS PULSES AT CAROTID AND RADIAL; if absent start CPR immediately · ASSESS BLEEDING & CONTROLHEMORRAGE · EXPOSE&INSPECT NECK:JVD?TRACHEAMIDLINE?SQ EMPHYSEMA? · EXPOSE & INSPECT THORAX: FLAILS?- stabilize immediately with bulky drsg. · OPEN SUCKING WOUND? cover immediately with occulsive · AUSCULTATE- breath sounds present & equal? · LIFE THREAT NOTED? PERFORM RAPID C-SPINE IMMOBILIZATION · TREA-¢ FOR SHOCK- ELEVATE LEGS · PERFORM A FULL HEAD TO TOE EXAM -SPLINT&BANDAGE 8/00 RAPID TRAUMA ASSESSMENT & STABLIZATION-~'.'~' AGENDA ITEM No. /,¢ ~ DEC 11 2001 F'g. /--.~' open and maintain airway using Head-tilt Chin-fiR method in non traumas open and maintain airway using Jawthrust manurer in traumas In unconscious pts. without a gag reflex: place an oropharngeal airway in semi-conscious pts. place a well lubed Nasal airway Administer oxygen by nonrebreather mask @ 15 Ipm or Ventilate via BVM with supplemental 02 @ 15 Ipm if indicated by assessment findings if a patient refuses mask 02 then offer a Nasal cannula (~ 6 Ipm. If WET OR GURGLING sounds are noted immediately roll the patient to their side Suction as needed but. not exceeding 15 seconds without reoxygenation In a fulminating PulmGnary Edema, in an airway that is wet but is clear of emesislvomit, the EMTB may positive pressure ventilate aggressively with the BVM at '15/pm 02. Remember the BVM is not just for non breathing patients - it is for patients who are in enough distress that they no longer are effectively breathing on their own/· If they allow you to sit them in high fowler's position and ventilate them...they need it! 8~0O AIRWAY MAINTENANCE PROTOCOL AGENDA I T/~i.M No. /~ DEC 11 2001 assessment / SAMPLE history & baseline vital signs consider spinal precautions if history unk. consider causes for decreased LOC - USE A E I 0 U -T / P S administer oxygen @ 2 Ipm NC with airway maintenance prn left lateral recumbant position allow a safe p/ace for possible seizure activity/guard head & airway treat for shock as indicated suction ready; if emesis occurs note appearance / content/amount package patient and ready for transport reassess vital signs e.very 5 min. & record if patient is Diabetic follow KNOWN DIABETIC protocol CVAI SEIZURE! CONFUSION 8/00 ALTERED LEVEL OF CONSCIOUSNESS AGENDA I~'EM No. /o ~ DEC 11 2001 assessment/SAMP. LE history and vital signs administer oxygen 15 Ipm via NRM In the conscious known diabetic patient who can swallow on command and DOES NOT have any signs of CVA such as facial droop, unilateral weakness, inability to follow commands, AND who denies history of not taking their insulin for days, the EMT-B shall: Administer 1 tube'lnsta-glucose PO by squeezing a small amount onto a tongue blade, inserting it between the cheek and gums. Record the time, dose and route. (if patient's family can perform a glucometer check a value below 75 is LOW ) reassess LOC, vital signs, skin quality-temp & condition Turn patient over to a EMS Paramedic for ALS assessment/treatment or informed refusal- it is absolutely necessary for this patient to talk to an EMS Dept. Paramedic 8~00 ALTERED LOC- KNOWN DIABETIC ORAL GLUCOSE TRADE NAMES: GLUTOSE, INSTA-GLUCOSE MECHANISM OF ACTION: RESTORES CIRCULATING BLOOD GLUCOSE LEVELS INDICATIONS: KNOWN DIABETIC THAT DISPLAYS GENERAL WEAKNESS, COOL MOIST SKIN, OR HUNGER AND WHO CAN FOLLOW THE COMMAND TO SWALLOW CONTRAINDICATIONS: INABILITY TO SWALLOW UNCONSCIOUSNESS ANY SIGNS OF CVA (STROKE): UNILATERAL WEAKNESS FACIAL DROOP HEADACHE NORMAL GLUCOMETER READING BY FAMILY- 75 OR GREATER SIDE EFFECTS: NONE COMPLICATIONS: POSSIBLE ASPIRATION OF GLUCOSE DOSING: ADMIN. 1 TUBE OF GEL BY SQUEEZING SMALL AMOUNT ATA TIME ONTO A TONGUE BLADE AND INTO MOUTH BETWEEN THE CHEEK & GUMS AGENDA ~EM No. /~ /1' DEC 11 2001 Unstable Trauma Victim · Altered LOC, dyspnea, chest pain, respiratory rate 10 or below or above 30/min., delayed capillary refill, absent radial pulse,BP below 90 systolic, or have a general poor appearance they shaft be considered unstab/e and extricated with rapid extrication techniques: assess ability to move extremeties apply long backboard C-Collar (measure and apply appropriate sized) apply 3 straps using CROSS STRAP TECHNIQUE apply head stabilizing device reassess ability to move Stable Patients with MECHANISM OF INJURY or neck/back PAIN: assess ability to move extremeties apply long backboard C-Collar (measure and apply appropriate size) KED apply 3 straps using CROSS STRAP TECHNIQUE apply head stabilizing device reassess ability to move ALL WATER RELATED ACCIDENTS, HANGINGS, FALLS, MVCs SHOULD HAVE SPINAL PRECAUTIONS; PREGNANT MOMS: TILT THE FULLY IMMOBILIZED MOTHER-TO-BE TO THE LEFT DEGREES- this increases blood flow back to her and bab~, · 8/00 SPINAL MOTION RESTRICTION- STABLE/UNSTABLE! AGENDA ITEM No. ./o ,~ DEC 11 2001 ADULT TRAUMA CRITERIA: 1. Meets color-coded triage system of 2 BLUES or 1 RED. 2. GCS of 12 or less, excluding those with known 12 or less as their normal LOC. 3. Meets local criteria: Traumatic OB patients over 20 weeks gestation with potential for fetal distress. 4. Patient does not meet any of the criteria listed above but, in the judgment of the EMTB or Paramedic, should b,e transported as a Trauma Alert. PEDIATRIC TRAUMA CRITERIA: FOR 15 YRS OR LESS 1. Meets color coded Pedi triage system for 2 BLUES or 1/RED. 2. Patient does not meet any of the trauma criteria of 2 BLUES or 1 RED, but Should be transported as a TRAUMA ALERT due to EMTB or Paramedic judgment and he/she documents the reason on the State of Florida Trauma Criteria Form. When Fire Department EMTB's or Paramedics think they have a Trauma Alert they should alert the MEDCOM in that Division on EMS TAC 1. Advise what you are noting that meets trauma alert criteria and coordinate with the incoming Medic Unit&MEDCOM. It will be the decision of the MEDCOM to preflight or send MEDFLIGHT 1; this is consistent with CCEMS General Orders on MF1 and is the same direction for Medic Units. 8/00 TRAUMA ALERTS AGENDA IT~M No. /~ Iff DEC 11 2001 initial/rapid trauma assessment/SAMPLE/perform basefine A VPU control the c-spine spinal immobilize expediently using RAPID EXTRICATION open airway using jawthrust and maintain airway suction as necessary Administer oxygen @ 15 Ipm NRM if conscious Ventilate with BVM and supplemental 02 15 lpm @ 15 vents/min. Only if unconsciou.s & posturing: Hyperventilate @ 24-30 vents/min. control any external bleeding; apply drsgs as indicated treat for shock position the fully immobilized patient with head elevated 6 inches perform a head to toe assessment as soon as possible after ABC's assured splint any deformed, swollen or painful extremities as time permits 8~00 HEAD INJURY AGENDA ITEI~ No. /o /-'1 DEC 11 2001 OBSTRUCTED AIRWAY conscious adult or child' admin, abdominal thrusts' until the airway ts cleared or pt collapses; for infants alternate back blows/chest thrusts unconscious ' attempt to ventilate; if successful continue assisting ventilations. if unsuccessful: reposition airway and attempt vent again if still unsuccessful: admin. 5 abdominal thrusts - open airway, look, sweep and attempt vent. repeat this cycle until the airway is clear. for infants: add the alternation of 5 back blows & 5 chest thrusts NEVER BLINDLY SWEEP A CHILD OR INFANT'S AIRWAYt Once airway is cleared: Hyperventilate with BVM and supplemental oxygen @ 15 Ipm to relieve hypoxia Airway maintenance with suction and OPA if gag is absent. Support ventilations until patient's respirations are of adequate rate and quality 8/00 OBSTRUCTED AIRWAY AGENDAIT~M No. /~ DEC 11 2001 assessment/SAMPLE/baseline vital signs open and maintain the airway use airway maintenance as appropriate ventilate with BVM with supp. 02 @ 15 Ipm · adults every 5 seconds child or infant every 3 seconds ( with appropriate size BVM ) reassess frequently to assure the presence ora pulse 8/00 RESPIRATORY ARREST AGENDA I,~M No. /,= DEC 11 2001 assessment/SAMPLE/OPQRSTVIbaseline vital signs admin, oxygen @ 2 Ipm NC if the patient has a normal LOC and skin color admin, oxygen @ 12 Ipm NRM, or support ventilation if LOC or cyanotic position of comfort; calm & reassure patient Look for signs of CHF or Pulmonary Edema; if none noted and if wheezes or dry diminished lung sounds are auscultated the EMT-B shall: 1)determine if the patient has a prescribed Albuterol inhaler 2) check for expirat, ion date 3) shake the inhaler 4) Administer 1 puff/inhaled, documenting the time, dose, and route. 5) Reassess and note any changes in dyspnea, breath sounds and color of the skin 6) repeat a full set of vital signs 7) The EMT-B may repeat the inhaler treatment once 8/00 ASTHMAJCOPD/EMPHYSEMA INHALERS: GENERIC NAMES: ALBUTEROL, METAPROTERNOL ISOETHARINE TRADE NAMES: PROVENTIL, VENTOLIN ALUPENT, METAPREL BRONKOSOL, BRONKOMETER MECHANISM OF ACTION: BRONCHODILATIO.N INDICATIONS: COPD, ASTHMA,BRONCHITiS, EMPHYSEMA CONTRAINDICATIONS: PULMONARY EDEMAJCHF DOSING: ASSIST PATIENT WITH INHALER - ADMINISTER DURING INHALATION ADMINISTER 1 PUFF SIDE EFFECTS: tachycardia, hypertension, weakness, nervousness, nausea/vomiting AGENDA I~M No. /~ DEC 11 2001 assessment/SAMPLE//baseline vital signs do the OPQRSTV history for pain and carefully document findings administer oxygen @ 15 Ipm via NRM position of comfort; calm and reassure patient Determine if there is a history of chest trauma; if none noted then the EMT-B shall: 1) Determine if the patient has prescribed NTG & HAS NOT taken Viagra within 24 hrs 2) Check the expiration 8ate but do not shake prior to admin. 3) Assure that the bloed pressure is 100 systolic or above 4) Instruct the patient to lift tongue 5) Administer I NTG .4 mg (1 tablet or 1 spray) SL, in a lying or sitting position; document the time, dose, route and BP 6) REASSESS THE SEVERITY OF PAIN ON 1-10 SCALE AFTER 4 MINUTES 7) Repeat administration of NTG .4mg SL every 5 minutes as long as the BP > 100 and discomfort is present; if relief noted then note the time and reassess. If hypotension develops during NTG administration place the patient in trendelenburg if they can tolorate this position without objection. Continue high flow 02. Reassess vitals. NI TROG YL CERIN GENERIC NAME: NITROGLYCERIN TRADE NAMES: NITROBID,NITROSTAT,NITRONY MECHANISM OF ACTION: RELIEVES PAiN OF ANGINA BY VASODILATION OF THE CORONARY ARTERIES INDICATIONS: CARDIAC CHEST PAIN CONTRAINDICATIONS: CHEST PAIN RELATED TO A TRAUMA HYPOTENSION BELOW 100 SYSTOLIC SIDE EFFECTS: HYPOTENSION, HEADACHE, FAINTING DOSING: ADMINISTER PATIENT'S NTG .4MG SUBLINGUAL EVERY 5 MINUTES AS LONG AS BP REMAINS 100 SYSTOLIC OR ABOVE OR UNTIL RELIEF NOTED AGENDA IT.,,EM DEC ll 2001 assessment/SAMPLE/baseline vital signs administer oxygen @ 15 Ipm NRM treat for shock; calm and reassure patient If patient is a known aflergic with an Epi-auto-injection pen and hives, itching or burning skin is noted OR signs of impending airway compromise and or shock the EMT-B shall: ASSESS THE BP AND ASSURE SYSTOLIC BELOW 160 1) Obtain the patient's .Epi-pen and check expiration date 2) Expose the lateral mid-thigh on patient's leg 3) Prep the site with An alcohol prep 4) Administer the Epi-pen dosage that their Dr. prescribed; usual doses: ADULT : .3 mg CHILD = .15 mg However, the rescuer may note that some adult patients have Epi-pens . 15mg, this is usually due to age or cardiac history. 5) Immediately dispose of the Epi-pen into a RED biohazard container, DO NOT RECAP! 6) IF Benadryl tabs are also present in the Ana Kit- admin, them by mouth. 6) Reassess for any changes and repeat vitals 8~00 ANAPHYLAXIS EPINEPHRINE 1:1000 AUTO INJECTOR PEN GENERIC NAME: ADRENALIN TRADE NAME: EPI-INJECTION,EPI-PEN, ANA KIT MECHANISM OF ACTION: CONSTRICTS BLOOD VESSELS, COUNTERACTS HISTAMINE EFFECTS (SHOCK) BRONCHODILATES INDICATIONS: ITCHING, BURNING OR HIVES IN KNOWN ALLERGIC PATIENT AIRWAY COMPROMISE SIGNS SHOCK DUE TO ANAPHYLAXIS CONTRAINDICATIONS: NO EVIDENCE OF AN ALLERGIC REACTION OR SYSTOLIC >'160 SIDE EFFECTS: TACHYCARDIA, PALLOR, DIZZINESS, CHEST PAIN, HEADACHE NAUSEA, VOMITING, ANXIOUSNESS, TREMBLING, INCREASES 02 CONSUMPTION BY THE MYOCARDIUM DOSING: ADULT PEN DOSE= .3rog given mid-thigh, laterally PEDI PEN DOSE = .15 mg given mid-thigh, laterally Note: Adrenalin increases the myocardial oxygen consumption, therefore, MUST BE ADMINISTERED ALONG WITH HIGH FLOW OXYGEN to prevent cardiac compromise. EPI THAT HAS EXPIRED AND IS STILL WITHIN EXPIRATION DATES APPEARS CLEAR BROWNISH IN COLOR- DO NOT ADMINISTER/ AGENDA ITEM No. /'~/9 DEC 31 2001 assessmentJSAMPL. E/baseline vital signs STOP THE BURNING PROCESS if burning is present CONSIDER ASSOCIATED INJURIES- perform a complete head to toe administer high flow oxygen @10-'12 Ipm NRM assess the BSA % using the Rule of Nines check the airway for signs of: sootie nares, tongue and hoarseness, coughing cover burns with moist sterile saline dressings then cover with dry sterile wrap the patient in a clean dry sheet treat for shock reassess If the burn was due to dry lime: BRUSH OFF DRY LIME FIRST THEN FLUSH WITH COPIOUS AMOUNTS OF WATER If the burn was due to other chemicals then: immediately flush with copious amounts of water remember to remove clothing and jewelry being careful to keep it with patient 8100 BURNS AGENDA IT,~ No. /~ . DEC 11 2001 rapid trauma assessment/SAMPLE/baseline vital signs rapid extrication and pac. kage open and maintain airway; control any external bleeding administer oxygen 15 Ipm NRM protect the airway and anticipate vomiting position in trendelenburg - feet elevated 6-12" maintain body heat- cover with blanket splint painful or deformed extremities in the position of comfort if time allows REASSESS FREQUENTLY TILT PREGNANT MOMS' BACKBOARDS TO THE LEFT 30 DEGREES. 8/00 SHOCK assessment/SAMPLE/baseline vital signs evaluate the mechanism of injury for foreign bodies OR chemical burns of the eye: immediate flush of both eyes with 2000cc of sterile Saline or clean water if necessary cover both eyes with moist sterile dressings the exception to this rule is penetrating injury ,of the eyeball for an injured globe of the eye: assessmentJSAMPLElbaseline vital signs assess vision do not apply pressure to the eyeball place a moist sterile saline dressing over the eye/cover BOTH eyes reassure the patient reassess 8/00 EYE INJURIES AGENDA I~I~M No. /~ DEC 11 2001 HEAT EXHAUSTION: cool-warm/moist skin, general weakness, tachycardia,low or falling BP, history or exposure to heat and humidity with poor rehydration assessment/SAMPLE/baseline vital signs MOVE THE PATIENT TO A SHADED/COOLER AREA/WELL VENTILATED secure an airway and administer oxygen 10-12 Ipm NRM cool the patient by removing excessive clothing and applying Lg. amounts of cool H20, DO NOT APPL Y ICE or COVER WITH WET TOWELS If the patient is alert and has no nausea give water to drink first. Next a Gatorade type drink diluted 1:1 with water 1-2 glasses; if nausea or AIt LOC hold anything my mouth reassess vitals give report to EMS; inc. luding amount and type of fluids if any were given HEAT STROKE: Altered LOC to unconsciousness, hot dry skin, tachycardia, hypotension. assessment/SAMPLE/baseline vital signs MOVE PATIENT TO A SHADED/COOLER AREA/WELL VENTILATED secure an airway and administer oxygen 15 Ipm NRM or BVM as necessary IMMEDIATELY REMOVE.CLOTHING COOL PATIENT with garden hose OR fire hose set on fog* with attendant on airway* Place a wrapped cold pack behind the neck AVOID USING TOWELS TO COOL: FAN BARE WET SKIN give nothing by mouth reassess vital signs and continue cooling efforts 8/00 HEAT EMERGENCIES assessment/SAM PLEJbaseline vital signs gently remove patient from the cold environment (Remember: rough handling can cause cardiac arrest) remove any cold/wet articles of clothing- replace with dry blankets administer oxygen 10-12 Ipm NRM (warmed if possible) 8/00 COLD EMERGENCIES AGENDA No. /¢ DEC 11 2001 assessment - if respirations &pulse absent BEGIN CPR 'if airway obstructed follow obst. airway protocol consider trauma? hazards - conductive surfaces age & weight limits - administer oxygen 15 lpm via BVM with reservior APPLY LIFEPAK 500 AED AND FOLLOW THE SHOCK PROTOCOLS FLOW CHART ON BACK) (SEE If a Public Access AED is in use upon arrival, the EMT-B shall assist the rescuer by taking over airway, utilizing oxygen, airways, suction and the BVM to enhance the rescue effort. If the lay rescuer is failing to achieve basic AED operation then the FD EMT-B shall place their AED on the patient and continue the rescue per protocol and notify the BLS Coordinator immediately. IF A PULSE IS REGAINED: reassess and support ventilations to relieve hypoxia as needed protect the airway and suction as needed assess perfusion and obtain a full set of vital signs treat for shock REASSESS FREQUENTLY FOR A CAROTID PULSE PERFORM A FULL HEAD TO TOE LOOKING FOR ASSOCIATED INJUIRE, S._,.~_.~ 8/00 CARDIAC ARREST/ AED ,~/~?..,:>' ?ii ~'~_?:'.~-~' .~'~'../ ,/ NO PULSE OR RESPIRATIONS & AIRWAY PATENT then LP 500 may be used on patients 8 yrs and over or 80 lbs. DRY CHEST & MOVE PATIENT TO A DRY SURFACE DO NOT USE AED IN TRAUMA ARRESTS DUE TO BLOOD LOSS USE ANTERIOR - LATERAL PAD PLACEMENT PROTOCOL MANDATES THE AED OPERATOR CALL FOR A DOWNLOAD AGENDA I~/.M No. DEC 11 2001 assessment]SAMPLE/baseline vital signs also history of: due date?, pren.atal care?, complications?,crowning?, feeling need to move bowels? membranes ruptured? place mom in left lateral recumbant position until delivery time remove clothing from the waist down and drape with sheet assist with the delivery and immediately suction the nares & mouth perform the ABCD's for infant delivery: A= AIRWAY- sniffing, position / maintain B= BREATHING- stimulate if rate/quality poor- resuction as necessary C= CIRCULATION: check brachial pulse start CPR < 80/min. D=DRY! - dry infant off immediately and wrap in clean warm towels with cap! · wait to cut cord until after ABCD's · NOTE TIME OF DELIVERY · keep baby below or level to mother until cord is clamped & cut · clamp cord 6-8" away from infant and cut; inspect for bleeding · if bleeding noted then apply another clamp 1" closer to infant, cut. · Perform an APGAR score @ 1 minute and 5 minutes after delivery 8/00 CHILDBIRTH / NORMAL INFANT DELIVERY PROLAPSED CORD P/ace mother in knee-chest position with buttocks elevated secure airway and administer oxygen '15 /pm NRM With a sterile gloved hand, gently push the baby up the vagina off the cord to aflow perfusion of the cord; check for a pulse in the cord maintain this position - wrap the cord with moist saline dressings reassure mom BREECH BIRTH If the infant's head is not defivered action must be taken to prevent suffocation. With a sterile gloved hand, the EMTB shall insert a finger into the infant's mouth and pull the chin down to the chest; have the mother push and the baby should deliver. Suction ... Never attempt to pull the baby out of the vagina This is a true emergency; upon the ALS unit arrival the patient should be loaded for immediate transport. 8100 CQMPLICA TED CHILDBIRTHI APGAR SCQRE AGENDA IT,~M No. ~o /"/ DEC 11 2001 FOR STING RAYS: position of comfort assessment & vital signs if very warm water and a bucket is available then submerge the limb in very warm water; the first responder should test the water first with own hand to prevent burn. Instant pain relief is achieved with submersion of the affected limb Hot packs may leak ~ causing chemical or thermal burns. DO NOT APPLY HOT PACKS TO THE INJURY; imersion in very warm water is the goal. FIRE CORAL, JELLY FISH AND MAN OF WARS: DO NOT RUB; causes rupture of venom sacs in skin! Position of comfort assessment & vital signs Rinse affected area with saline or salt water Rinse with vinegar and then again with saline or salt water Sprinkle meat tenderizer on affected area and scrape off with a card Remove large tentacles with tape in quick pull off Monitor for developing symptoms Treat for shock with 02 15 Lpm and trendelenburg if necessary, 8/00 MARINE FAUNA INJURIES AGENDA IT F_.,lyl No. /¢ ~ DEC 11 2001 Position of comfort Do not allow the victim to ambulate! Assessment & vital signs Assess for envenomation: PAIN, SWELLING, DISCOLORATION, SHOCK? Remove any constricting items or jewelry from bitten extremity Oxygen 15 Ipm NRM If shock is noted plac, e patient in Trendelenburg position and cover w/blanket Wrap bitten extremity with lymphatic (LIGHT) pressure in an ace bandage wrapped'proximal to distal and splint in a rigid splint, keep at heart level 8~00 SNAKEBITE AGENDA I,~EM No. DEC 11 2001 Divers should be treated for decompression sickness for symptoms which begin more than 10 minutes following the dige. It usually appears within 12 hours after the dive but may occur as long as 48 hrs after the dive. Symptoms include: deep, dull ache with pain on movement of the joints paralysis/paraesthesia itching, blotchy skin dizziness, staggering gate chest'pain, dyspnea, pulmonary edema, unconsciousness Place patient in Left Lateral Recumbant position and elevate feet 6-12" Oxygen 15 Ipm NRM/assure adequate ventilation Vitals and assess/reassess frequently/Obtain DIVE HISTORY AS BELOW Advise incoming EMS unit if not already onscene because MEDFLIGHT is a consideration for this patient for a Iow altitude flight to Hyperbaric Chamber in LEE Co. 8/00 DYSBARIC DIVING INJURIES DIVE HISTORY QUICK REF: Number of dives in the past 72 hrs. Depth of dive Bottom time on dive Surface interval of each dive Details of the IN WATER DECOMPRESSION Whether the diver attempted IN WATER DECOMPRESSION ( A NO NO!) Dive complications, if any Pre dive and post dive activities Onset of symptoms Decompression sickness will usually manifest it's self within the first hour of surfacing and certainly within the first 6 hrs. Symptoms occurring within the first 10 minutes suggest air embolism. Ref: Paramedic Emergency Care, Brady AGENDA ~EM No. DEC 11 2001 The method of splinting is determined by the patient's status. If the patient is critical or seriously injured then chose a rapid method of splinting. For multiple leg fractures the MAST, if available, may be used to splint. If the patient is a "LOAD & GO," then rapid packaging to a long backboard and placing the extremity in the position of function. The following are general guidelines of splinting: · choose a padded splint that will restrict movement above and below the injury · check distal pulses, temp and color before and after splinting · splint in the position of function unless the extremity is angulated at elbow or knee and is perfusing* · splint elbows and knees in the position found · always leave fingers and toes exposed · cover open wounds with sterile dressings and control bleeding with direct pressure · traction splint suspected femur fx. · do not attempt to push protruding bones back into place* · if an extremity is pulseless ,blue and cold then realignment is necessary; realignment achieved by bringing the extremity into position of function ....~ 8/00 SPLINTING ~-'~"~' AGENDA I-[EM No. /,~ /Jr DEC 11 2001 pg. R= RESPIRATIONS p= PERFUSION OR PULSE M= MENTATION =~ Request all persons involved in incident who can walk to walk to you · Hand these victims green triage tags and assign a leader. · Proceed to the next closest victim and begin general triage using RPM · R .., position airway...breathing? Rate over 29=RED Rate under 29=yellow · NO breathing? BLACK TAG and move on · P...radial pulse or cap refill: radial present or cap refill norm= yellow · radial pulses absent or cap refill delayed or absent= RED TAG · M.,.check mental status; can follow simple commands= yellow · fails to follow simple commands = RED TAG Get total head count and report to ICS. Return to RED TAG victims and begin rapid package and indicated treatments 8/00 START TRIAGE AGENDA I~E~M No, lc) DEC 11 20C1 r__-..y._h, B ~T -o COLLIER MOU- BLS WORKSHEET iNCIDENT PERSONNEL DE PART~ENT DA~ / / LOCATION OF C_n_LL LEVEL ! 2 3 4 co~.~s ASSES S..'r~_.NT COJ~-IPLETE ? ~J%RTING APPROPRIATE? TR .EA~ PER PROTOCOL? REVIEWED BY: C01~MENTS: MEDICAL DIRECTOR: COMMENTS: DATE AGENDA I,,T~ M No. DEC 11 2001 EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF FIRM FOR CONTRACT NEGOTIATIONS FOR RFP 02-3317 ,,CONSULTANT SERVICES FOR IMPACT FEE UPDATE STUDIES" OBJECTIVE: Obtain Board's approval of Committee's selection of finns for professional consultant services in the preparation of Law Enforcement and Correctional Facilities impact fee studies and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: Because of the need for timely information in regard to impact fees, it was determined by staff to be in the best interests of the County to combine multiple impact fee update studies in one Reque.st for Proposal. The Scope of Services included the following studies: Study 1 o Study 2 - Study 3 - Study 4- Study 5 - Community and Regional Parks, Fire Protection and Educational Facilities. Correctional Facilities Law Enforcement Impact Fee. The RFP xvas issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on October 31, 2001. Notices were sent to 134 firms with 28 vendors requesting full packages. Three responses were received by the due date of November 21, 2001. Due to technical similarities and common data characteristics, the RFP indicated that one firm xvould be selected to prepare both the Laxv Enforcement and Correctional Facilities impact fee studies. There will be different selection committees used to rank order firms responding to the other impact fee studies referenced in the RFP (Community and Regional Parks, Fire Protection, and Educational Facilities). Recommendations of these selection committees will be brought to the Board in a separate Executive Summary. A Selection Committee meeting was held on December 4, 2001. By consensus of the members, after review and discussion, the following rank order of firms was determined in regard to the Law Enforcement and Correctional Facilities impact fee studies: 1. Henderson, Young, & Co. 2. Tischler and Associates 3. Fishkind and Associates. Staff will negotiate an accelerated completion schedule to provide the results of these impact fees studies as soon as practicable. GROWTH MANAGEMENT IMPACT: This will provide funding for the expansion of the Collier County Jail Facilities (Category B Facilities in the Growth Management Plan). FISCAL IMPACT: None at this time. The final negotiated contract agreement for these studies will be brought back to the Board for final approval. There was $30,000 included in the adopted FY 02 budget to update the Correctional Facilities impact fee study. The Law Enforcement im~pact fee study was budgeted with a specific allotment of $50,000 in General Fund reserves. NAo.G~ 11 2001 P~.____~ RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Committee's ranking of firms. (2) Authorize staffto begin contract negotiations with Henderson, Young, & Co. Prepared by: f'/4~ f~ Date: / Approved By: . ~'-~-' 5 Tho?nas W. ~ykowski, OMB Director g Director December 4, 2001 Date: ! ?'--q-OI December 4, 2001 Date: December 4.~2001 Date: [~/~,//o( ... December 4, 2001 AGENDA, ITEM No./'0 LL___- DEC 11 2001 Pg.., EXECUTIVE SUMMARY AUTHORIZATION TO INITIATE LEGAL ACTION AGAINST WCI COMMUNITIES, INC. TO ALLOW THE COUNTY TO PROCEED WITH DESIGN AND CONSTRUCTION OF THE APPROVED VANDERBILT BEACH PARKING GARAGE OBJECTIVE: Direct staff and the Office of County Attorney to pursue litigation to establish the County's legal authority to proceed with project design, engineering and construction. CONSIDERATIONS: On April 13, 1982, the Board of County Commissioners accepted a Quit-Claim Deed from Coral Ridge-Collier Properties, Inc., for the conveyance of a 5-acre parcel of property located at the northwest comer of Pelican Bay adjacent to Vanderbilt Beach Road and the Gulf of Mexico. The Conveyance of the parcel was in fulfillment of the Developer's obligations under the Pelican Bay PUD Ordinance (No. 77-18, as amended), which stated: When the above condition is met, the applicant shall develop on approximately five (5) acres located at... approximately 120 parking spaces and then convey the same to Collier County for public beach access purposes. Parking spaces xvere constructed on a portion of the property and, after its conveyance to the County, this property has been continually utilized by the County for public beach parking and access. The language of the Quit-claim Deed (hereinafter "Deed") also referred to certain restrictive covenants identified by a Declaration of Restriction and Protective Covenants (hereinafter "Restrictions"), which were incorporated into the Deed by reference and attachment. A copy of the Deed is attached hereto. The principle deed restrictions that apply to this project are as follows: 1. Required written approval prior to construction of any building 2. No building or facility size in excess of 1000 square feet 3. No building height in excess of 20 feet On October 24, 2000, the Board approved the design and construction of a 2-story parking garage at the Vanderbilt Beach Park with capacity for an additional two levels. However, WCI Communities has refused to provide the written approval for the project to proceed. A dialog was initiated by the County to attempt to determine the nature of WCI's objections. Initially, WCI submitted a memorandum setting forth nine (9) conditions for approval of the parking garage. The County offered several counter proposals. In the midst of these discussions, the County Attorney's Office received the enclosed letter from WCI dated September 18, 2001 informing staff of their decision to withdraw their proposal. While staff is uncertain of the precise reasons for this action, the letter cited complaints from the Ritz Carlton Hotel--as-~vel4-ag, AGENDA I~ from neighboring residents. No. t/O ~ OEC 1 1 2001 Providing additional public beach parking at this location can significantly improve beach access in this area and substantially ease the persistent and severe existing traffic congestion at the intersection of Gulf Shore Drive and Vanderbilt Beach Road. The project cannot proceed until the deed restrictions dispute is resolved. Given WCI's stated position in this matter, staff's best course of action, if the County is to proceed with design and construction, is to initiate legal action for declaratory relief asking the Court to determine whether these Restrictions are valid and enforceable as to the County. This approach permits the parties to present the question for judicial determination. The County will incur some costs associated with this litigation and will have to wait possibly 12 to 18 months for the court's determination. Moreover, as with any litigation, the final judgment is subject to an appeal by either party. The anticipated costs should be minimal in comparison to the costs of condemning the restrictions. Consequently staff recommends that the Board authorize the initiation of an action for declaratory relief. FISCAL IMPACT: The estimated costs of pursuing a declaratory judgment are estimated to be no more than $10,000. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Count>' Attorney to initiate legal action against WCI Communities, Inc., for a declaratory judgment as to the enforceability of th, e Deed Rest¢.c~tions against the County. SUBMITTED BY ,7;~,j~.~ /'N.~"4'.4,Z,.~?~! Date:,:" ;?/" ~atla Ramsey ~ 1 Parks & Recreation Director Ellen Chadwell Assistant County Attorney APPROVED Leo"Ochs, Jr:/__ / Assistant Co~ger Date: Date: 2 AGENDA ITF. M No. flLD_ DEC 11 2001 From-Collier County Attorney Office COMMUNITIES, INC. 241 ??4 0225 T-803 P.OOZ/OO2 F-538 ,'oOi h ATTC,RN.... 2001 $.,.-? 20 P::i ~.~: CS Jacquehne Hubbard Robinson, Esq. Collier County Attorneys Office 3301 Tm-niami Trail East Naples, FL 341124902 RE: Proposed Vanderbilt Beach Parking Garage Dear Ms. Robinson: Please be advised that xve withdraw our proposal to you dated August 1, 2001 regarding the proposed Vanderbilt Beach Parking Garage. Wc have received your letter dated August 6, whereby Collier County has not accepted many of the conditions that were included with our proposal. In addition, we have received numerous complaints from The Rim-Carlton Hotel as well as from neighboring residents with respect to the proposed modifications to the existing beach parking facility.. As a result, we are w-ithdrawing our offer. We plan to utilize the next thirty (30) days to conduct focus groups within Pelican Bay to determine the~.b~ate course of action on this issue. Y~_.~~ Vice President cc: George R. Page Vivien N. Hastings AGENDA NO.. //0 DEC 1 1 200 ~2% "~ Creating Lasting Lifestyles COLLIER COUNTY 000966 OR BOOK ,qUIT-CLArA DEED 00186 PAGE This (~Jtt-Clalm ~emd, executed thts 13th day of April, 1982, by CORAL RIDGE-CeLL]ER PROPERTXES, ]NC., a Flortda corporation hereinafter referred to as ~A.qTOR, to COLCZER COUNTY, a political subdivision of the State of Florida whose postofftce address is Collier County Goverm~ent Co~q~lex. Naples. Flortda 33942 hereinafter referred to as GRA~TE£: (Wherever used herein the terns 'GIL~NTOR' and 'GR~J(TEE' shall include stngular and plural, heirs, legal representatives, and assigns of the Individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That GILAJITOR, as a gift and tn fulfillment of 1ts obligations under the Peltcan Bay PUO Ordinance (Collier County Ordinance No. 77-18, as amended) and the U.S. Army Carps of Engineers Permit No. 791(-0282 (No~ber 18, lg81), as recorded in Official Records Book 966, Pages 182¢ through 182g, inclusive, Jf the Public Records of Collier County, Florida, does hereby remtse, release arJ quit-claim unto G~ANTEE all the right, title, interest, claim and demamd which GRANTOR has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Collier, State of Florida, to-wit: A portion of Section 32, Township 48 South, Range 2S East, Collier County, State of Florida, as more particularly described on Exhibit 'A' to Schedule 'A', attached hereto and made a part hereof. Subject to: 1) Taxes and assessments for 1982 and subsequent years; 2) That certain DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS ('RESTRICTIONS'), attached hereto and made a part hereof as Schedule 'A'. 3.) The reserved right of GRANTOR to conduct certain fill activities as permitted tn the U.S. Army Corps of Engineers Permit No. ~K-0282 {November 18, lg81). 4.) The reserved right of (~RANTOR to construct a one-hundred twenty (120) parking space facility, in satisfaction of Pelican Bay PUD Ordinance Section 13.5{D.) {collier County Ordinance Xo. 77-18, as amended), including but not limited to such construction-related activities as site preparation, paving, drainage, curbing and landscaping. 5) An Easement reserved to GRANTOR and the PELICAN BAY IMPROVEMENT DISTRICT (P.B.I.O.), its successors and assigns, to construct, operate, maintain, repair, replace or rebuild drainage structures and water am sewer utilities in, over, on and above the property, with the right of ingress and egress. GRANTOR or P.B.I.D. shall repair and/or replace any area ~t~tch it may disturb, damage or destroy in the construction, operation or maintenance of said drainage structures and water and sewer utilities. 6.) Am Easement reserved to GI)J~NI'OR and the PELICAN BAY IMPROVEM£NT OISTRICT (P.B.~.O.), its successors and assign.s, for that parcel of land as ?ore particularly described In Exhlbtt "B'. to Schedule 'A', attached hereto and made a part hereof, for the'operation and malnte~ance m.m~._. ,age!merit. 'p u fpo _~,s ;.y~. .... This instrument prepared by: Peter O. Hecht 5801 Pel!can Bay Blvd. Naples, FL 33940 This document accepted by the BCC on April 13, 1982. V. 8ag~', O.C. ~ Page 1 of 2. AG£NQA IT--EM DEC 2OOi 000955 001865 OR BOOK PAGE PU~i. IC BEACH ACCESS PURPOSES*,'.T~E pJU~C[L SHALL AUTOKATICALLY I~EVERT TO GRANTOR.*~ TO NAVE AMD ~O HOLD THE ~UME together wtth all and singular the appurtenances thereunto belonging or In anywtse appertaining, and al1 the estate, right, tttle, ?nterest, Hen, aqutty and c]a?m whatsoever of CRANTOR, etther In law or equtty, to the only proper use. beneftt and behoof of GRANTEE for~vero IN WITNESS ~EREOF, CORAL RIDGE-COLLIER PROPERTIES, IMC., a Florida corporation, has signed and sealed these presents the day and year first above wrttten. Signed, sealed and delivered in the presence of: STATE OF FLOR[OA ) COUNTY OF COLLIER ) ! HEREBY C~RT!FY that on this day, before me, an officer duly authorflzed in the State aforesaid and In the County aforesaid to take acknowledgments, personally appeared ROSS P. OBLEY, President of Coral Ridge-Collier Properties, Inc., to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the WITNESS my hand and official seal in the County and State last af,~rea&td .... this 13th day of April, 1982. _ ',,:'...' ~ '~ ".:~. 8otary Public My Commission Expires: '". '~".. ?" ~.'"/ ' Fane 2 of 2. DEC ! I 200i 000966 OR BOOK DECLARATZOR OF RESTRZCTIO#S AND PROTECTIVE COVENANTS FOR A PORTION OF SECTION 3Z, TOWNSHIP 48 SOUTH, RANGE Z5 £AST, COLLIER COUNTY, FLORIDA 001866 PAGE Thts Declaration of Restrictions and Protective Covenants made this 13th day of Aprtl, 1982, by CORAL RIDGE-4:OLLIER PROPERTIES, INC., a Florid& coTpor~tlon. VITNESSETH: WHEREAS, CORAL RIDGE-COLLIER PROPERTIES, INC., a Florida corporation, presently having Its principal place of business In Collier County, Florida, the record o~ner of the PtJgLIC BEACH ACCESS SITE as described tn ARTICLE I of this Oeclaratton, desires to create aqualtty development with restrictions, covenants, servitudes, impositions, easements, charges and 1lens as hereinafter set forth for the preservation of the property, values of the OMMERS therein. NOW, THEREFORE, CORAL RIDGE-COLLIER PROPERTIES, INC. declares that PUBLIC BEACH ACCF. SS SZTE or any portion thereof as described in ARTICLE I of this Declaration shall be held, transferred, sold, conveyed and occupied subject to the restrictions, covenants, servitudes, impositions, easements, charges and liens hereinafter set forth. The real property subject to this DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS is that real property described on Exhibit 'A', attached hereto and made a part hereof. ARTICLE I DEFINITIONS The following words when used in this Declaration shall have the following meani rigs: 1. 'PUBLIC BEACH ACCESS SITE' shall mean and refer to a Portion of 5action 32, Township 48 South, Range 25 East, Collier County, Florida, as more particularly desc.rt_bed.on.Exhlbtt '__A.', attached hereto and made a part hereof. 2. 'DECLARANT' shall mean and refer to CORAL RIDGE-COLLIER PROPERTIES, IRC., a Florida corporattoa, presently having its principal place of business in Collier County, Florida. its successors and assigns of any or all of its rights under this Declarattoe. 3. 'OWNER' shall mean and ~fer to every person or persons or entity or entities who are the record owner of a fee interest in ~BLIC 8EACX ACCESS SXTE, their heirs, successors, legal representatives or assigns. ARTICLE II G~ENERAL RESTRICTIONS 1. USE RESTRICTIONS. e.) PUBLIC BEACH ACCESS SITE may only be used for the operation of a public beach access site m~d attendant facilities, Including but not limited to such facilities as parting, beach recreation, nature trails, observation areas, dune walkovers, be~ sun shelters, restrooms, and beach equipment storage. b.) That portion of PUBLIC BEACH ACCTSS SITE as more particularly described on Exhibit ..'C% &tracheal hereto and made.a part hereof, shall be used for only passive recreational purposes, Including but not limited to dune,' walkovers, 'beach '*SUn ' 'S h~$,',"~ r~St~,o(~liS ~ ~ aM ;' beachmi ': Provided, however, pUblic pam~tn6 shall not he"re' pemttted use in that po ~.ton AGENDA I~.FM of PUBLIC BEACH ACCESS SITE ~s more particularly described on Exhibit 'C'. NO. /~_~__~ D E C ) SCHEDULE 'A' Page 1 of 7. pg.__ 000966 001867 OR BOOK PASE c.) 'lio"l~11dt~J, .ttrvcture,~.faclllty'~r other tr~rovement shall ~ placed In P~L~C lE~li ~S SXTE Unless ~ un~tl declarant h~s Issu~ ~ts prt~ ~tt~n ~p~val. No fo~ or d~nk coKesslons shal~ ~ ~eml~ted ~t~u~ DE~T~5 p~or ff~ttten d.) Yehlcullr iccess ~ tN p~rkl~ Tot it F~LIC BEtH ACCESS SZTE s~11 ~t ucM I stqle eflt~l~e aN exl~ f~ Va~erbtl~ ~Kh Road fo~ Udtttonll K~ss. e.) All flctlltles, pa~ lots ~nd transpo~attofl s~stms P~ZC B~ ~S S~TE s~11 onl~ ~ ~n and accessible to t~ public d~q d~119~ ~s a~ s~11 close ~thln om (?) ~ur a~ter suffer. ntghttlu u~s shall be pmhlbtt~ b~ 0~ ~cwt ~th the prtor, ~tt~n Wp~v~ of DEC~. f.) 0~ shall p~vt~ water ~qmflt a~as for t~ P~LZC ~ SZ~ tn Kco~ance ~th t~ ~qut~nts ~ Peltcan Bay Otst~ct (P.B.Z.0.). Surface ~ater dratnage and managwnt, IKludt~ but 1t~1~ ~ store ~ater s~rage capKtty, shall co,om ~ t~ o~rall rater mutant ~qut~s of P.B.Z.D. a~ m~t wtth t~ ~p~val ~ DEC~. 2.BUZ~flG ~ LZN~, SZ~ 0F 9UZLOZNG, SZ~ RES~Z~ZONS ~O ~Z~ZHG HEZG~. a.) T~ etntmm setback of buildings, st~ctu~s or par~tng a~as Shall t~ no~rn a~ eutern p~pe~ 11~s. b.) No ~1d1~ or faclltt~ tn PUBLZC 8E~ ACC[S5 SZTE shall exce~ s~ f~t per st~ctu~. c.) T~ mtnt~ dl;taKe bet~eti an~ t~ unattac~d st~ctu~s shall one-half (1/2) t~ s~ of t~lr ~lghts but not less than t~nty (ZO) feet. d.) No butldt~ or st~ctu~ ~ an~ ktnd shall ~c~ t~nty (20) f~t tn ~tght a~ ftnls~ grade of the stte. 3. ~OS~P ZXG. a.)-.All ~getatlon In ~BLZC 8E~ AC~S SZ~ shall be ~eft fn 1ts nattw state. ~Never, w~n ~Yal ~ a~ ~etatton ts n~essa~, a plan for such ~val b~ 0VN~ shall ~ su~it~d to 0EC~ for 1ts p~or, wrtt~n ~p~Yal. b.} All ~ason~le effo~s sh~11 be taken to ~tatn t~ nattve ~getatton tn a~as sur~u~t~ all st~ctu~s, val~s, facilities or pa~ a~as pl~ tn ~L~C BEtH AC~SS SZTE. ~w~r, tn t~se a~as, ot~r than paved a~es, ~ t~ natlw wgetatlon Is ~, O~N~ shall ~lKe mat~atn such a~as as land~ed a~as. All 1~t~ shall, as closel~ as possible, ~p~xtmate tM natl~ ~getatton tn the sur~u~tng a~a. All lWK~t~ shall ~ acc~11s~d In acco~aKe vlth a plan ~p~d c.) ~tor to m~l~ a~ cboe, variation or deviation f~m t~ ~p~ved ~ster l~K~e plan, 0W~ shall ftrst obtatn OEC~T'S wrttten ~p~val of t~ cboe, variation or deviation. 4. Y~BZLT BEtH R0~ RZ~F~Y As ~qul~d ~ Sectton 13.3(C) ~ tM Pelican 8~ PU0 0~tna~e, t~ no~ sewnt~n a~ o~-half (17-1/2) feet of ~LZC BEtH ACC~ a~otnl~ Va~erbtlt Beach Ro~ CS.R. ~. S~62) shall be ~ser~d as rtght-of-v~ for t~ possible, e~ntual f~lanl~ ~ Va~erbllt BeKh Road ~ ~111er ~unt~. Upon dma~ by OEC~. 0~ shall d~tca~ no~ sewnt~n and o~-half (17-I/2) f~t ~ tM ~proprtate go~r~ntal age~ as a public rlght-~-~. 5. 0EC~ shall devel~ a po~ton of PUBLIC BEtH AC~SS SITE to prov de a SCHEDULE Paga g of 7. DEC 11 2001 OR BOOK PAOE mlnl~ml of one-hundred t~nty {]20) parking spaces for the pu?poses of publtc ~h Kcess. 0~ shill ~ ~sFonstble for t~ ~erat~on aM matntefla~e sl~d plrkl~ spices, TM~ s~]1 be no o~rntght parking ~mltted tn BEtH ~SS SITE. a.) ~ st~ctu~ or faclllt~ sh~]] be c~Ked~ e~cted, l~d a~te~d, nor shal~ a~ gradt~, ~cavitton, t~e ~va~ or cha~e of ~te?tor ~lor or othe~ vo~ ~htch In ~ v~ m~te~ the ~tertor ~pea?ance ~ st~ctu~ or fKtltty be u~e~en wtt~ t~ prtor w?ttten ~p~v~ of DE~T. b.) ~ sha~, prior to t~ c~~t ~ a~ const~ct~on ~n P~LI~ B~H ~S S~E, su~t ~n se~e to DECL~ t~ fo~]o~ (t) a 'p~Itm~na~ co~t' plan whtch sha]; ~]ude ~attc s~te p]ans, f~oor p~s a~ ~te?~or e~evattons; (t~) 'design p~posa;s' ~h~ch sha;~ ~e mo~ detat]~ bu~ld~ a~ s~&e design docents s~f~c~e~ def~n~t~ tn detat] so that the~ can ~ detem~d t~ character, exte~o? ~pe~a~e, ~ter~or materta]s a~ co~o~, and t~ ~a]~ty and ~d of bu~]d~ a~ ]a~sc~e materials p~o~; a~ (~) 'const~ctlo, plans specie, cat,on' ~tch sba;] be a &~e ~tens~on of t~ p~tmtna?~ co~t plans a~ design p~osals. DE~ sha];, tn wr~t~, ~ter ~ce~pt each ~qut~d su~tttal. ~p~, ~p~ sub~t to ~qut~d cha~es, ~t such p;~s, p~posa]s a~ ~lf~cat~ons as a~ su~tt~ to ~t as ~qut~d a~ve. Fa~lu?e to obtain ~t~n ~p~va] of DEC~ of a]] such plans, p~osa]s and s~f~catlons prior to the c~nc~ent ~ any const~ct~on shat] be d~ a mate~a] b~ach ~of a~ DEC~ sha;~ t~n have t~ ~ght, In addition to an~ ot~r right pe~tt~ by la~ or ~n equity, to p~ceed tn the coups to o~atn a ma~ato~ ~u~t~on ~?~ng const~ctlon done ~thout said written ~p~va] to be torn do~ or ~o~ fo~h~th at ~'S expense. c.) T~ ~p~val, ~ect~on o? w~thho]d~ng of a~ ~p~ya] b~ DEC~ o~ the p]ans, proposa;s a~ spill,cations a~ ~ ~ocat~on ~ a]] st~ctu~s, a~ e~ a]ter;t~on ~ a~ st~c~ shal] not ~ const~ or ~e~ted as a rep~tat~on or detem~natton by DECL~ that any but]dt~, p;~b~, e]~t~ca] code or ot~r ~p]~c~]e go~nta] ~gu;at~ons or ~qu~nts ha~ or ha~ not ~n p~e?]~ ~t by t~ 0~. O~N~ sha]] ~ ~sponstb;e ?o? o~a~n~ at] ~essa~ t~hn~ca; data and to ~ke ~p]tcatlon to obtatn t~ ~p~a] ~ ~t~er ~unty, ~]tcan Ba~ ~ent O~str~ct, z~ ot~r-~p~r~ate go~r~nta] age~es prior to c~ent of ~.~rk or const~ct~on. d.) DE~A~ sha~ ha~ no duty, ~ons~bt~tty or ;~ab~l~ty to any OWN~ or to a~ other pe~on ~s~ver ~n ~spect to the exe~se of r~ghts or t~ fat]u~ to exe~se ~ts rtghts. 0[C~ m~ ~ect plans, p~sa]s a~ ~f~cattons ba~ on any g~u~s or ~ason whatsoe~?, ~;odl~ pu~]~ aest~t~c g~u~s, In 1ts so]e a~ abso;ute dlsc~tlon. DE~T'S d~s~on to ~p~ve. ~ or w~thho~d tts ~p~va] of such m~, ~n t~ so]e exe~so of 1ts dlsc~tton. ~ based ~on: (t) t~ ha~ ~ ~ts ~te~or destgn, co,or and location ~n ~lat~on to, a~ its effect ~on, s~und~ . s~s, ~getatJon, t~ogr~hy, a~ the overact c~un~t~ design, (ti) the character of the ~ter~or materials, (~t~) pl~d quality ~ t~ exterior ~r~ansh~p, (~v) DECk'S design and const~ct~un sta~a~s, (v) the ~nera; De~;~ment Plan, o~ (v~) a~ ma~a] a~ ~ev~t factors. ~ ~tertor co~ors or mater~a]s on any st~ctu~ or fac~]~t~ sha]~ pe~;&t~ that, ~n ~ sole ~ud~nt of DE~T, ~u]d be ~nha~n~ous or d~sco~a~ or t~o~ous ~tth the Pe~can Bay c~nlty or t~ PUBL;C ~ SITE. A~ f~u~ exterior co,or or mater~a] changes des~ by 0~ must ~ f~rst ~p~ved by 0EC~ ~n ~t~. ~ cats, dogs o? ot~? d~est]cat~ animals sha~ ~ DEC I 1 SCHEDUL~pm~e 3 of"A"7, p~. OOO966 001869 OR BOOK PAGE FACTORY BUILT STRUCTURES. No structure or factlity of an~ klnd of what is cammonl$ knovn as "factory butlt', "Idular", or ~mobtle ha~e' t~pe construction sh411 be erected tn ~L:XC BEACH AC~SS STTE without the prior ~Tttten permission of DECLJLqANT 10. UgDER~I~OUgD UTILITY LilIES. All electric, telephone, gas and other uttllty 1tries must be Installed undergound, unless prohibited by law. 11. ANTENNAS Alto FLAGi~OLES. No outside antennas, antenna poles, antenna masts, electronic devtces, antennas to.ers or ctttzen band (~) or amateur band (ham) antennas shall be permlttnd except as approved by DECI. AJtRNT tfl wrttlng. A flagpole(s) for dtsplay af the flag(s) of the Untied States of ~mertca, State of Flortda or Collier County, Florida and such other flag(s) as are first approved tn wrttlng by OECLJ~LAgT shall be permitted. Provided, however, the destgn and locatton of the flagl~le(s) must be first approved tn wrlttng by OECLAP. AIfr. Aa approwd flagpole shall not be used as an antenna. 12. TE)~a~)iUL~Y AJ(O ACCESSORY Sll~UCTURES. #o tents, trailers, caaq~ers, recreational vehtcles (RV's) or tempora~ structures shall be permitted to be used, parked, set-up or rl~ain overnight unless their stze, appearance and t~ora~ location tn the PUBLIC BEACH ACCF~SS SXTE have first been approved by DECLARAJfT In wrtttng. 13. OUTDOOR EQUIPMENT. All garbage and trash containers in PUBLIC BEACH ACCESS SITE shall be placed and maintained by OWNER in attractive wooden containers or some other attractive container as approved by OECLARM(T. For purposes of this section, exposed oll drams or such stroller containers shall not be considered an attractive container. All oll tanks, bottled gas tanks, sprinkler p~s and other such outdoor equipment must be underground or placed in sight-screened areas so that they shall not be readily vtsible, or adequate landscaping shall be Installed around these facilities and maintained by OWNER. 14. AIR CONOITIOMERS. All air conditioning units shall be shtelded and hidden so that they shall not be readily visible. Wall air conditioning units may be permitted only upon the prior written approval of DECLARANT. Window air conditioning units shall not be permitted. 1S. SOL~ COLLECTORS. Solar collectors shall only be permitted at locations and on structures as are first a~proved in writing by DECLARANT. 16. SIGNS. No stgns, freestanding or otherutse Installed, shall be erected or displayed in or on arLy land or structure, unless the placement, character, form, size, lighting and time of placement of such sign be first approved in wrtttng by DECLARANT. All slge~- must also conform ~th govermental codes and regulations and wtth ar~ master des19n plans for stgns established by DECLNtANTo 17. ImIALL~, FENDS, PAVING AND OTHER ~TRUCTURES. No walls, fences, shutters, walks, boardwalks, docks, pavement or similar structures shall be constructed in PUBLIC BEACH ACCESS SiTE until its height, la.th, t~ype, design, composition, materials and locations shall haw first been a~pruved in writing by DECLARANT. Airy dispute as to height t31~e, design, cmaposttton or matertal shall be resolved by 0ECLAJIJ decision shall be final. Hurricane and stere shutters shall not be the exterior of any structure or facility. SCHEDULE "A" Page 4 of 7. DEC il gO i 0C0966 001870 OR BOOK PAGE 111. L%GHT I#$. I(o exterfor lighting of PUBLIC BEACH AC~5S SZTE shall ~ pe~ttt~ ~t OE~T'S prtor ertt~n ~p~val ~ a 11ght1~ plan su~ttted by 19. ~~ OF ~ZSES. ~ ~u~ or unstg~ly o~ts shall ~ a11~ ~ ~ plac~ or suffe~d ~ .~aln In P~LZC B~H ~S S~TE. All st~ctu~s aM facilities tn ~L~C B~H ~S S~ shall ~ k~t tn g~, safe, clean, ne~t a~ attractt~ co~tton, a~ mll st~ctu~s a~ facilities shall ~ mat~at~ tn a ~tnts~d a~ att~ctt~ co~ltton. a.) ~ st~ct~ ~ a~ ktnd shall ~ const~c~ or e~, ~r shall ~ tn a~ e~ c~e, alit, t~ede, ~t~ or otiose tnte~e~ ~th the fl~ a~ t~ vol~ ~ water, In a~ po~ton of ~ water ~nag~nt a~a ~se~ for, or i~e~d by DE~T a~ t~ Pelican Bay I~nt Otst~ (P.B.I.D.) to ~ ~d for drat~ge w~s, slutc~m~ or for t~ ~c~latlon ~ ~f waters, as ~fl~t~ tn any plat or tnst~ ~ ~co~ wtt~ut t~ ~tftc ~ttten pemtsston ~ DEC~ a~ b.) 0~ shall tn no way deny or p~nt tng~ss a~ eg~ss to s~h wa~r manag~ent a~ for matnten~e or la~e pu~oses by OECd, P.B.I.D., Pelican Bay ~ ~les Fou~atton, Inc. or any ~p~p~ate g~al age~y that m~ ~onably ~qul~ any right ~ l~ss and ~s, and ea~s t~fom am ~mby ~tfically ~ser~ a~ c~at~. c.) ~L~C BEtH AC~S S~ s~11 not ~ l~reas~ tn size, f~m ~thtn or outside ~ P~L~C B~H ACC~S SITE, ~t~ t~ p~or ~tt~n consent ~ DEC~ a~ P.8.Z.D., by a~iftcally ftllt~ in any water or ~tentton and drain~e a~as on which tt abuts. 0~ shall not ft11, dike, rtp-r~, bl~k, dt~ or ch~e the establts~d water or ~ntion a~ drainage a~as ~at ha~ ~n or m~ be c~ated by eas~nt. 21. DEC~'S EX~ATION. DEC~ m~ grant, wtth~ld or deny its pemtsston or ~p~val In a~ tnsta~e w~ its pem~ssten :r ~4-ts-~lt~d or ~1~ wtt~ut any ll~tltty of a~ natu~ or kt~ to ~N~ or to a~ ot~r ~rson for any ~ason ~at~ever, and a~ pemtsslon or ~p~val gra~ed sh~ll be bt~t~ upon all per,ns. ARTICLE III GENERAL PROVISIONS 1. RESERVED RIG~ITS. a.) DECLARANT reserves the right to conduct certain fill activities as pemttted in the U~S. Amy Corps of Engineers Permit No. 79K-0282 (November 18, 1981), ms recorded in Offtctal Records Book 966 · Pages 1824 through 1829, inclusive, of the Public Records of Co111er County, Florida. b.) OECLARANT reserves the right to construct a one-hundred twenty (120) parking space factllty in Pb~L%C 8EACI( ACCESS SITE, in satisfaction of Peltcan Bay PUD Ordinance Section 13.5(0.) (Collter County Ordinance No. 77-18o as amended), Including but not llmtted to such construction-related activities as site preparation, paving, drainage, cz:rbt~.~ and Imndscapt~. c.) DECLARANT reserves an Easement for ltself and for the PELICAN BAY ~PROVEMENT O%STRICT (P.II.I.D.), its successors and assigns, to construct,:-" operate, maintain, repair,' replace or rebuild drainage structures and water and sever, utilities in, over, on and abow~ the property, with the right ingress and egress. : GRANTOR or P.B.%.D. shall repair and/or replace any area which it may disturb, damage or destroy in the construction, operation or maintenance of said drainage structures and water and sewer utilities AOENDA I~TEM DEC SCHEDULE Page 5 of 7. 000966 00187i OR BOOK PAGE d.) D~CL,q~NT inserts an Easement for ttself and for the PELICJUI BAY ~OV~T DiS~[~ (P.B,[.D.), its successors a~ as=tgns, for that pa~e~ ~ ta~ ~s ~ pl~culir~y descr~ ~n ~Mb~t'(.'B'~' ~tt~c~d ~to ~e I pi~ ~, for t~ ~eritlon i~ ~a~nteni~e of ~ater manag~ pU~O~S. ~plt~, tn a~ pemtt ~pllcatton to' any gove~ll bodies for t~ pu~o~s of fKtlltat~ publlc ~ach access. 3. ~N~T. D~ e~, tn 1ts sole dtK~tton, e~lfy, ~M, ~tve or ~d ~ thts ~claratton or a~ pa~ t~mof. T~ po~r of wn~nt, 1~1t~ ~ ~tftcatton or enla~Mnt of extstt~ co~nts vhlch shall substa~tally ~atr the general a~ untfo~ p~an of de~l~nt originally set fo~h M~tn. 4. ~IV~. ~ va~ver by DEC~K of any p~vtslon of thts D~laratton or b~Kh he~ ~us~ be In ~lttng a~ shall not op,:rate or a~ o~r p~slon or subsequent b~h. 5. DE~TION RU~ glTH ~E ~D. T~ coven,s, co~tttons, ~strtcttons a~ ot~r p~vtslons under thts ~laratton shall ~n ~th t~ land and bl~ the p~e~y ~thtn ~5LIC ~SS SI~. It ts DECk'S 1~ent, by thts D~l~atlon, to conse~ F-ot~C t~ ~tural m~u~s a~ Kentc ~auty ~iTE for t~ benefit ~ t~ p~nt a~ future ovners of ~ ~al p~pe~y eK~ ~ln. ~e pu~ose ~ thts ~cla~atton ma~ates, DEC~'S t~ent tn fu~ra~e of thts pu~ose, that thts Declaration pe~e~al. 6. RI~ 0F FIR~ RE~AL. If at a~ tl~ 0~ shal~ offe~ to sell, lease, donate, ~, ~ch~ge ot~tse coney an .j,to~r~.~J~S.IC .P~H. ACC~ 3~E, or any ~ton t~, to a~ person or e~tty, 0VN~ shall f~rs~ nottfy DEC~ in vrttl~ of t~ p~osed transKtton. DE~T shall ha~ t~ ~ght ~tMn stxty (60) d~s to occur ~ ~ms ~ the p~pos~ t~a~Ktton In 1ts nm for t~ g~ss puKhase price a~ on t~ ~ms speclfl~ tn satd t~nsactton. If DEC~ shal~ ~t so elect ~thln E~ t~n sell or coney PUBLIC 5EA~ ~C~ SI~ to buyer, p~vtd~ t~ said transaction ts on t~ sMe terns a~ co~Jttons a~ for t~ prtce set fo~h tn t~ p~o~d transaction se~ to DE~T. 7. kZGISLATION. / 0~ s~11 ~t ~ply for d~ge or ftll pemtts tn P~LIC B~ AC~S S~ f~ a~ gove~ntal ~tes, ~ga~less ~ sta~s or regulations ~ tM Untt~ States or t~ Sta~ ~lt ~ d~tslons ~ t~ coups of t~ ~tt~ Sta~s or t~ Sta~ Fl~d~ vtt~ut tM prior v~t~n con~nt of DE~, ~ch con~nt ~ be ~th~ld tn t~ sole a~ absolute dtsc~tton of DE~. 8. ~R~E~ ~D A~SI~. a.) D~ ~se~es unto itself t~ rtg~, a~ t~ powr, (t) to e~o~e t~ co~flants, conditions, ~strtctlons, a~ ot~r p~vlstons ~ thts ~claratlon, a~ (1~) to del~ite or assign, ett~r ~clustvely or mn~clust~ly, a~ or a11 ~ 1ts ~ghts, pours, dutJes or p~vtleges to person or e~Jty. DEC~ shall be under ~ obligation to delegate or uslgn a~ ~ 1ts ~ghts, p~rs, duties 4~ pKvlleges contained tn this ~claratlon to a~ person or e~tty. co~a~ts, condJtJo~s, ~strJct~ons and other Page 6 of 7. pg. ~1 OR BOOI PAGE OecSaratten by asty proceeding at law or In equtty against any person violating or atteqgttng to vtolate any such provisions, to restrain any violmtton or attempted vtol&tlofl of such provisions, to requtre speclftc performance of such peovt:lons, to recover damages for violations of such provisions. Failure by DECLA~AIIT to emeorce &ny of such provisions shall tn n~ event be deemed a watver of thotr rtght to do so thereafter. g. ~EVER.qBIL XTY. If any sectton, subsection, sentence, clause, phrase or portton of thts Oeclaretton Is, for any reason, held Invalid or unconstitutional by any court of campetent Jurisdiction, such portton shall be deemed a separate, dlsttnct and independent provision and shall not affect the valtdlty of the remaining port ton thereof. IN WITNESS WHEREOF, CORAL RIDGE-COLLIER PROPERTIES, INC., a Florida corporation, does hereby execute this DECLARATION OF RESTRICTI(~$ AN0 PROTECTIVE COVENANTS In 1ts name by 1ts undersigned, authorized officers and afftxes 1ts corporate seal hereto, the day and year first above wrttten. WITllESS: STATE OF FLORIDA ) COtmFFY OF COLLIER ) The foregoing instant was acknowledged before me this 13th dajf...of April, 1982, by ROSS P. 08LEY as President of CORAL RIDGE-COLLIER ~OPERT'IES,,. INC., a Florida corporation, on behalf of the corporation. ...- .. -, ... ',.~,-.. My Co~ts~ion Exptres:~.':.~"-... ~.' ~-~ ....'.,'~t- SCHEDULE Page 7 of 7. AGEND^ LTEM No._ ........ Pg._ 0009S$ 001873 OR BOOH, PAGE LEGAL OESCRIPT ION All that part of Section 32, Township 48 South, Range 26 East, Co111er County, Florida, betng described as follows; Commeflctng at the southeast corner of Section East, Collier County, Florida; thence along the east line of said Section 32, Nort. h 00o-38'-50' West 3437.06 feet to the southerly rtght-of-waJf line of State Road S-862 (Vaflderbtlt Belch Road}; thence along said rdght-of-M~y line North 80o-08'-20' West 1133.38 feet to the POINT OF BEGINNING of the parcel herein described; --thence South 9o-51'-40~ West 225.00 feet; thence North 80o-08'-20' West 724.44 feet to the State of Florida Depar~cment of Natural Resources Coastal Construction Control Line (per revised map of record recorded July 29, lg80, Collier County, Florida}; thence conttnue North 800-08'-20' West 200 feet more or less to the Nean High Water Line of the Gulf of thence northwesterly along said lqe&n Htgh Water Line 241 feet More or less to a point on the said southerly rdght-of-wa.y llfle of State Road S-8~2 (Vanderbllt Beach Road); thence along said right-of-way l~ne South 80o-08'-20' East 200 feet more or less to the said Florida Department of Natural Resources Coastal Construction Control Line; .......... ~the~ce--c~-~ttnue along the southerl.v right-of-wax line of said S(af.e'~oa--~d- S-86Z, South 80o-08'-20' East 810.00 feet to the Potnt of Beginning of the parcel heretn described. subject to easements and restrictions of record. EXHIBIT Page 1 of 1. AGENDA ITEM,., NO. _~ OEC 2001 000966 001814 OR BOOK PAGE LEGAL DESCRIPTION Ali that part of Section 32, Tmmshtp 48 South, Range 25 East, Co111er County, Ftortda, betng desc~lhed as follows; Coamenctng at the southeast corner of Section ~'2, To~nshtp 48 South, Range East, Co111er County, Flortda; thence along the east 11ne ot' satd Sectton 32, North 00o-38'-50' Best 3437.06 feet to the southerly ~tght-of-wa,v 11ne of State Road S-862 (Vuderbtlt Beach Road); thence along satd right-of-way 11ne North 80o-08'-20' k/est 1671.11 feet to the POINT OF BEGINNING of the easement he.~tn described; thence South 03o-51'-:~8' East 151.76 feet; thence SOuth 09o-19'-43" East 35.$3 feet; thence South 04o-29'-53' East 27.90 feet; thence South 13o-18'-01· k/est 16.92 feet; thence North 80o-08'-20. k/est 165.27 feet; thence North 040-33'-35. East 59.22 feet; thence North 08o-55'-00. k/est 6.04 feet; thence North 09o-49'-10" k/est 8.95 feet; thence North 38o-15'-25" k/est 16.16 feet; thence North 09o-61'-10. k/est 20°25 feet; thence No~th 64o-15'-40' k/est 17.00 feet; thence North 22o-00'-30. k/est 34.48 feet; thence North 01o-27'-30' East 40.12 feet; thence North 21o-19'-00. k/est 31.78 feet; thence North 60~-32'-23" East 33.49 feet 11ne.of thence to the to the southerly right-of-way said State Road S-862; ......... along said r~ght-of-~ay line South ~"0o-0'8,_~' East- 171.91 feet Point of Beginning of the easement herein described; subject to easements and restrictions of record. EXHIBIT 'B' Page 1 of 1. L AGENDA ITg,M DEC 11 2001 000968 001815 OR BOOK PAGE LE~LDES~I~I~ All that part of Sectlon 32, Townshtp 48 South, Range 25 East, Co111er County, Florida, being described as follows; Commencing at the southeast corner of Section 32, Townshtp 48 South, Range East, Co111er County, Florida; thence along the east 1the of smd Sect$on 32, North 00o-38'-S0' West 3437.06 feet to the southerly right°of-way line of State Road S-852 (Vm~derbtlt Beach Road); thence along satd right-of-way ltne North 80o-08'-Z0' West 1843.02 feet to the POINT OF B£~II#IN6 of the parcel herein described; thence South $0o-32'-23' West 33.49 feet; thence South 21o-19'-00- Ea;t 31.78 feet; thence South 01o-27'-30' West 40.12 feet; thence South 22o-00'-30- East 34.48 feet; thence SoUth Mo-15'-40- East 17.00 feet; thence South 09o-51'-10" East 20.2S feet; ~hence South 38°-15'-25' East 16.16 feet; .~hence South 02°-49'-10' East 8.95 feet; thence South 08°-~$'-00- East 6.04 feet; thence South 04o-33'-35' West 59.22 feet; thence North 80o-08'-20' West 75.06 feet to the State of Florida Departaent of Natural Resources Coastal Construction Control Line (per revised ma~ of record, recorde~ July 22, 1980, Collier County, Florida); t~ence continue North 80o-08'-20- West 200 feet more or less to the )~ean -~_~tgh Water Line of th~ Gulf of Mexico; t~nce northwesterly along said ~Mq. an H_tgh__Wa_t.qr LJ_~_2.4~...f.e. et. too.re to a point on the said southerly right-of-way i~ne (Vanderbtlt Reach Road); thence along said right-of-way line South 80o-08'-20' East 200 feet more or less to the said Florida Oepartment of Natural Resources Coastal Construction Control Line; thence continue along the southerly right-of-way line of said State Road S-862, South 80°-08'-20' East 100.37 feet to the Point of Beginning of the parcel herein described; subject to easments and restrictions of record; EXI~IBIT Page 1 of 1. AGENDA ITF_~ NO. /0-~.-- DEC 11 200I Pg._. EXECUTIVE SUMMARY RECOMMENDATION TO CONFIRM THE APPOINTMENT OF JOSEPH K. SCHMITT TO THE POSITION OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ADMINISTRATOR OBJECTIVE: To obtain Board confirmation of the appointment of Joseph K. Schmitt to the Community Development and Environmental Services Administrator position. CONSIDERATION: Ordinance 93-72 as amended, requires that the Board confirm the County Manager's appointment of Division Administrators. Joseph Schmitt has been recommended for the Community Development and Environmental Services Administrator position beginning on or about January 7, 2002. This position supervises the following operations: Building Review and Permitting, Housing and Urban Improvement, Code Enforcement, CDES Operations, Natural Resources, and Planning and Engineering Services. The position is responsible for the daily administration of approximately 200 employees working with the public, the Board of County Commissioners, and the environmental and building communities. The position is one of six division administrators, will be working from the Development Services Building and Horseshoe Drive, is included in the budget and will be provided either a County vehicle to conduct day-to-day business or an allowance. FISCAL IMPACT: Mr. Schmitt will earn an annual salary of $103,000. Funds are appropriated in the Community Development and Environmental Services Division operating budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners endorse and confirm the appointment of Joseph K. Schmitt to the position of Community Development and Environmental Services Administrator. ~'~d~ ~'~,~~ Date: I~/~I PREPARED BY:,__ Jafi~;sV. Mud , .E. Deputy County Manager REVIEWED AN,D._~;~--~_ APPROVED BY: ~,'f~'~. _,,-~-~_ ~' _ .~ _ mhoma~-W. Olliff, County Manager Date: No._ F'~ ~ 11 2001 --~'~ Leatherwood Lane ./avannah, Georgia 31411 JOSEPH K. SCHMITT joseph.k, schmitt~sasO2.usace.army.mil Office: (912) 652-5226 Residence: (912) 598-9353 OBJECTIVE Seeking position as Administrator, Community Development and Environmental Services for Collier County, FL. SUMMARY Over 20 years of executive-level leadership and management experience in large, diverse, and complex organizations. Outstanding record of success in project management of engineering design, construction, facility maintenance and repair, water resource project development, and environmental protection programs and an experienced executive with exceptional skills in senior leadership, team-building, strategic thinking, problem solving, decision making, and public speaking. Possess unique abilities to create customer-oriented teams that lead change, reengineer, and reinvent to achieve performance improvement and effectiveness. EDUCATION Master of Science in Construction Engineering Management, Oregon State University Master of Science in Systems Management, University of Southern California Master of Science in National Resource Strategy, National Defense University, Washington DC Bachelor of Science in Engineering Management, University of Missouri at Rolla Bachelor of Arts in Business Administration, Columbia College, Columbia, Missouri Associate of Applied Science in Mechanical Technology, Erie County Technical Institute, Buffalo, NY ACHIEVEMENTS Program and · Led and managed a $350 million construction program, a $75 million civil works Project planning, construction and operations program, a $30 million environmental restoration program, wetlands regulatory program and real estate management Management program. · Implemented highly focused project management business process to manage and control production of quality products and services on schedule at lowest cost by a multi-disciplined engineering, scientific, and administrative team. Improved customer satisfaction ratings by 20% and reduced cost and time growth by 10%. · Integrated and managed a program consisting of 3 principle business functions -- civil works study and construction, construction of facilities and environmental restoration, and coordinated activities of approximately 110 projects and contracted services. · Implemented program, project and budgetary review processes to standardize budgeting codes and development of budgets at the division and separate office levels. · Effectively responded to the Congress, state, and local governments concerning the development of the overall program and to the Department of Defense for construction costs, timeliness and quality, and provided focused and balanced leadership to complete on time and within budget the study and evaluation process on the politically sensitive Brunswick Harbor Deepening and to resolve the numerous environmental and policy issues associated with the Savannah Harbor Expansion Project. Executive · District Commander and Chief Executive of 950-person engineering and construction Leadership organization involved in construction management, engineering, technical services and operations and management of large civil works projects and the design and ruction of facilities for the 9 Army and 5 Air Force installations · ti su ervised 12 semor managers, i Direc y p · . l___~ ated ~ndiv~duals to achmve personal and organizational ~goa~}, men{r Strategic Planning Financial Management them to excel and empowered teams to create innovative solutions and developed an organization recognized as one of the leaders in the implementation of the Corps' project management business process. Established a management and leadership structure to integrate business activities of 23 diverse field offices over a 3-state area to include construction contracting, operations and maintenance activities, and support services, and organized and implemented a business structure to supervise all aspects of the business to include project management, engineering, construction, acquisition, financial and resource management, human resources, legal, real estate acquisition, counsel, facilities management and administrative and support services. Implemented an enduring Strategic Management Process, incorporating all aspects of the Baldrige Criteria and aligned the District to compete in the President's Quality Award program; an innovative program designed to manage change and prepare the Savannah District to operate under a performance oriented, customer focused project management business process. Improved overall score from last year's submission from 185 points to 250 points. Developed business plans that tie directly into the District Strategic Plan and a process that effectively tracks progress toward completing actions. Developed and defended multiple budgets at all management levels and for construction, engineering, operations and supporting administrative and overhead functions. Executed fiscal responsibilities in a project-funded, activity-based costing organization ~vith an annual budget exceeding $500 million -- consistently within balance. Standardized cost accounting procedures throughout the organization and reduced cost of doing business by $1.9 million or approximately 2%, yet planned, directed, and achieved 100% production. Human Resource Management & Administration · 4 years experience as director and principal staff officer in charge of Human Resources and Administration for large Army organizations. · Supervised the career development and execution of personnel management policies for the recruitment and assignment of approximately 2000 military officers in Europe and for approximately 180 senior executive military engineers assigned throughout the world. · Implemented a management tool to provide total asset visibility on the assignments and the effective career development of all mid-level and senior level executives. Communications and Government Relations · Over 4 years experience in congressional liaison and communications on public works, water resources and environmental issues as well as thoroughly experienced at interacting with governmental agencies at the Federal, state and local levels and non-governmental organizations involved in the programming, planning and review of major civil works projects. · Extensive experience in print, radio and television media through interviews, public hearings, news features and numerous public speaking engagements. Chef, Officer Personnel Management, Ist Personnel Command, Schwetzingen, Germany 3 WORK HISTORY Commander/District Engineer of the U.S. Army Corps of Engineers, Savannah District 1998 to present Assistant Director of Civil Works, Headquarters, U.S. Army Corps of Engineers, Washington DC 1997 to 1998 Student, Industrial College of the Armed Forces, National Defense University, Washington DC 1996 to 1997 r.I.9.9.5, m 199_6. Engineer Colonels Career Manager, Total Army Personnel Command, Alexandria, VA [ 199~{6:;t9~5.'< ij~/): ~. Battalion Commander, 30~ Engineer Battalion, Fort Bragg, NC [1992 ~Z>-IX)~J3-' ~-~F EXECUTIVE SUMMARY. Presentation of the Fourteenth Annual Survey of Registered Voters OBJECTIVE: To receive a presentation regarding the results of the Board's fourteenth annual survey of registered voters. CONSIDERATION: Each year the Board of County Commissioners, in conjunction with the Florida Institute of Government, commissions a survey intended to measure levels of satisfaction with various services provided by Collier County. The survey is conducted using the volunteer efforts of the League of Women Voters of Collier County. In anticipation of the Board's upcoming Strategic Planning Workshop and the setting of spending priorities for fiscal year 2003, Mr. Chuck Mohlke of the firm Fraser & Mohlke Associates, Inc. who oversaw the preparation and administration of the survey will present an overview of the most recent results. A summary of the survey results is attached. RECOMMENDATION: That the Board receives the presentation from Mr. Mohlke regarding the survey results, and recognizes the members of the League of Women Voters of Collier County for their efforts on the County's behalf. / S U B M iTT E D B,y-'-'~---"~.o,~ ~'~,/~--,¢¢-~ Date: Beth Walsh Assistant to t:he County Manager Thomas~W.' ~)~1~1~ County Mana~je¢ Date: FRASER ~z MOHLKE ASSOCIATES, INC. Post Office Box 2312 Naples, Florida 34106-2312 Tele~..ne: 941-262-1410 Fa _ex'mile: 941-262-1150 November 28, 2001 Ms. Joanne Hartke, Director Institute of Government Edison Community College 8099 College Parkway Southwest Post Office Box 06210 Fort Myers, Florida 33906-06210 Mr. Tom Olliff, County Manager Board of County Commissioners Collier County Government Center 2nd Moor - Administration Building 3301 East Tamiami Trail Naples, Florida 34112 Dear Director Hartke and County Manager Olliff: Fraser & Mohlke is pleased to submit this "Summary of Findings" for the Fourteenth An- nual Telephone Survey of Re~stered Voters in Five ~ County. ~ Districts. The 254 voters interviewed in 2001 demonstrate a strong interest in the services pro- vided by county-government agencies, but a lack of awareness of some services. Newer residents, defined as those who have lived in their present residence since 1996, represent 36 percent of the registered voters interviewed. Additionally, 56 percent of all those interviewed in 2001 came directly to Collier County from a state other than Florida. Efforts to address the special needs of these recently-registered voters may result in an im- proved new-resident understanding of county-government and its activities. Fraser & Mob. IRe looks forward to sharing its resources with the Institute of Government and the Office of the County Manager to ensure full and efficient use of the annual survey. We remain indebted to the League of Women Voters of Collier County for their capable assistance. Without the full cooperation of League members in conducting the telephone inter- views, the study could not have been conducted in an affordable and timely manner. Please advise us if we may be of further service. For Fraser 6r Mohlke Associates, Inc. ohlke, Jr., President No. DEC 2',301 Pg.., INSTITUTE OF GOVERNMENT - EDISON COMMUNITY COLLEGE FOURTEENTH ANNUAL TELEPHONE SURVEY OF 254 REGISTERED VOTERS IN FIVE COLLIER COUNTY COMMISSION DISTRICTS SUMMARY OF EINDIN_GS Conducted from May 14 to September 4, 2001 For the Office of the County Manager Collier County Government Center Naples, Horida 34112 Conducted by Fraser & Mol~!ke Associates, Inc. Naples, Horida 34106-2312 November 28, 2001 FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 1 INTRODUCTION Collier County's fourteenth-annual telephone survey of registered voters in five county commission districts was conducted from May 14, 2001 through September 4, 2001. Edison Community College's Institute of Government was en- gaged by the Board of Gounty Commissioners to oversee the annual survey. The Institute employed the Naples research finn of Fraser & MohlkeAssociates, Inc. to conduct the survey. Fraser & Mohlke Associates was responsible for questionnaire design and sampling; development of interviewer instructions; preparation of study questionnaires; coordination of interviewers; research administration; and the final report. The League of Women Voters of Collier County conducted the telephone in- terviews. Members of the League of Women Voters have contributed to the suc- cessful completion of the telephone survey since its inception. Without the capa- ble assistance of the League the annual survey could not be completecL The fourteenth-annual survey draws upon a structured sample of 1350 active regis- tered voters. The Supervisor of Elections' office provided the names of voters who met the sample-design requirements. The survey's research objective remains to complete interviews with an aver- age of 50 voters from each of the five county-commission districts or a total of 250 respondents. In 2001, a total of 254 interviews were completecL Fraser & Mohlke developed the survey questionnaire based upon topics identified by the League of Women Voters, constitutional officers, and county administrators; relevant de- mographic characteristics for each interviewed voter were also recordecL ANALYSIS OF FINDINGS The surveys demonstrates that a large number of those surveyed have moved to their present address during recent years. Table II-A and Table II-B detail the tenure at their present address and the previous residence of the 254 registered voters interviewed: TABLE II-A Tenure At Address ~rrt3er Of Percent'of (1 930-2001 ) Respondents Total From 1996 to 2001 91 35.83% From 1991 to 1995 65 25.59% From 1986 to 1990 34 13.39% From 1 976 to 1 985 41 1 6.1 4% From 1 930 to 1 975 23 9.05% Total 254 100.00% FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 2 Table II-B indicates the location of the 254 responding-voters' prior residence. All the active voters interviewed in the £00! survey include those who: 1) Voted in person in their local precincts at the time of the last general election, and 2) New voters registered after October 9, 2000. Table II-B demomtrates that one in three (29.92 percent) of the respondents moved from one residence in Collier County to another, and approximately one in seven (14.56 percent) moved to Collier County from elsewhere in Florida. However, the largest group of respondents, $$.$1 per- cent, came from somewhere outside of Florida; from 1998 to 2000 those whose previous residence was outside Florida incre~ed from fi6.12percent to 61.32 per- cent, an increase of 5.2 percent. In 2001, the number has decreased by approxi- mately $ percent but still remains over one-half of the responders to the survey. TABLE II-B Previous Residence Collier County Elsewhere in Florida Elsewhere in the U.S. Percentage 29.92% 14.56% 5S.51% Eval.ation Of Existing Conditions (Questions 7a.-7h3.) This year, as in 2000, trash and garbage collection receives the highest agree- ment, 96 percent, and the overall appearance of neighborhoods and shopping areas in Collier County receives the second highest agreement, 90 percent. Storm water drainage changes places in the hierarchy with maintermnce of roads and highways; nevertheless, the hierarchy representing the degree of agreement has remained remarkably similar over time. Voters interviewed in 2001 continue to be impressed with trash and garbage collection. This question received the highest agreement in the hierarchy: that trash and garbage collection in your neighborhood is as good as can reasonably be expected, 96 percent overall, the same as in 2000. Second highest is agreement on the overall appearance of local neighborhoods and shopping areas with 90 percent expressing agreement, down from 95 percent in 2000. Residents again, as last year, express high satisfaction, 88 percent, with separation and recycling of trash, the third highest in the 2001 hierarchy, as it has been for the last three years. Agreement concerning stormwater drainage decreased marginally from 75 percent in 2000 to 72 percent in 2001. Agreement that sewage treatment and the collection system is working well receives 78 percent agreement, with 16 percent having no opinion. The quality of drinking water received from the. Colli~.~,,.ouv_- · . . , . I. , AG.~ND,~ i'!-~:M ty Public Works Divisions Water Department or the City of Naqles-~t!litle.~e7 partment receives 55 percent agreement, with 17 percent having qo opjEILo0-I 200I FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 3 In 2001, agreement that traffic signalization keeps cars moving fairly well de- clined one point since last year, to 54 percent, down from 65 percent in 1999. Agreement that roads are well maintained had remained statistically similar over a four-year period: 81 percent in 1996, 83 percent in 1997, 82 percent in 1998, and 84 percent in 1999. However, in 2000, that agreement decreased significant- ly, to 69 percent, down 15 points from 1999, and in Z0_0~ a~eement is down to 50 percent, and the question ranks lowest in the hierarchy. This is the lowest ex- pressed agreement since 1989. Table III-A demonstrates 2001 responses to existing-conditions questions ar- ranged in a hierarchy of agreement: TABLE III-A 7. 53.93% 41.73% 4.33% 8. 50.00% 46.45% 3.54% RANK AGREE DISAGREE NA/NO 1. Trash and garbage collection in your neighborhood 96.45% 2,36% 1.1 8% is as good as can reasonably by expected. 2. The overall appearance of the neighborhoods and 90.15% 7.48% 2.36% shopping areas in Collier County is generally good. 3. Separation and recycling of trash seems to be working well. 87.79% 6.29% 5.90% 4. Generally speaking, the sewage treatment and collection 78.34% 5.51% 16.14% system works well in your neighborhood. 5 Generally speaking, the stormwater drainage system works 72.04% 24.01% 3.93% well near near your home. 6. The quality of drinking water you receive from the Collier 54.72% 28.34% 16.92% County Water Department or the City of Naples Water Department is satisfactory. When you drive through the County, traffic signals keep the cars moving fairly well. Roads and highways are well maintained in Collier County NOTE: Due to "rounding" considerations, not all percentages in the summary tables will total to 100 percent [100.00%] in every instance. Table-spacing considerations in the tables detailing survey findings dictated that no more than two decimal places [0.00] per column be allocated for each table template. Prior year-to-year comparisons of those responding to questions concerning "existing conditions" demonstrated a gradual but significant rise in satisfaction with maintenance of roads and highways, from 65 percent in 1989 to 82 percent in 1998 and 84 percent in 1999 then decreases to 50 in 2001. Satisfaction with trash and garbage collection remains statistically similar to the 2000 satisfaction level, up to 96 percent in 2001, the highest in six years. The overall appearance of neighborhoods and shopping areas decreases in 2001. Satisfaction with separation and recycling of trash declined again by one percent. Satisfaction with storm water drainage is down by three percent in 2001. Satisfaction with the quality of drinking water has decreased, from 58 percent in 2000, to 55 per~-n-~-.~.7200'l'~-?.~ No. ? down 10 points from 65 percent in 1999. DEC 1 I 200I FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 4 The new question on sewage treatment and collection receives a positive re- sponse of 78 percent overall. Satisfaction with trash and garbage collection and the appearance of neighborhoods and shopping areas remains consi~ter~. Satisfac- tion with traffic signalization is down I percent since 2000, but down 11 percent from its high in 1999. Satisfaction with roads and highway maintenance is down by 19 percent. Table III-B compares 2001 findings with six previous surveys. Where "NA" is noted, the question had not been asked in that particular year. TABLE III-B :200'1 2000 1999 1998 1997 1996 RANK AGREE AGREE AGREF. AGREE AGREE AGREE 1. Trash and garbage collection in 96.45% your neighborhood is as good as can reasorably be expected. 2. The overall appearance of 90.15% neighborhoods and shop- ping areas in Collier Cot~ty is generally gooa. 3. Separation & recycling of trash 87.79~0 s~ems to be worldng well. 4. Generally spealdng, the sewage treat- 78.34% rnent and collection system works well in your neighborhoo~l 5. The sto~n water drainage system 72.04% works well near your home. 6 The quality of ddnkingwater 54.72% yeu receive from the Collier Cot~ty Water I~t or The City of Naples Water Department is satisfactol~,. 7. When you ddve tt~ough the 53.93% Comty traffic signals keep the cars moving~airly well. 8. Roads and highways ~'e well 50.00% maintained in Collier County. 95.70~ [1] 92.27% [2] 94.07% [1] g4.15% [1] N/A 94.~i~ [2] 94.48% [1 ] 93.28% [2] 93.81% [2] 92.43% [1 ] 89.06% [3] 89.70% [3] 87.74% [3] 87.97% [3] 86.51% [3] NA NA NA NA NA 75.00% [5] 75.0oq~ [6] 64.82% [7] 68.72% [7] 57.23% [6] 57.81% [7] 65.44% [8] 58.89% [8] 59.10% [8] N/A 54.68% [8] 65.44% [7] 67.98% [6] 69,07% [6] 69.40% [5] ~ 9.~ 4% [6] 84.1 ~ [5] al.S1 ~ [5] 82,13% [5] 80.5~/~ [4] Bald indicates the highest percentage achieved d~'ing the 6-year pedod 19~6-2001 Note: A question on water pres~re was deleted in 2001. Respondents were asked if they needed more information on recycling and reducing waste; 22 percent saythey do, 46 percent saythey don't, and 31 percent have no opinion. Respondents were asked to describe any problems with recy- cling. Of the 38 who responded to this open-ended question, 13 said they had problems with the picking up of items, some items being left behind, that pick up is not regular, or that service is not provided in their area. Another 12 want more items included such as magazines. Others say they need larger recycling contain- ers to store and transport items for pick up. Evaluation of County Voting Process (Question 8a.-Se.) A group of questions concerning the County's election activities and process- imp~~6.~dff:-_-- es reveals that 74 percent of the responders believe voters need cation, 17 percent disagree, while 8 percent have no opinion. [ FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 5 Concerning the Supervisor of Election's office, 56 percent agree that staff is helpful in aiding voters who need to make changes to their voter registration card. However, 42 percent have no opinion, likely bec~se they have not had experience with making changes or can't remember an experience they may have had. Of re- sponding voters, 51 percent believe that the voter registration program can be im- proved, 20 percent disagree, and 29 percent have no opinion. While 48 percent be- lieve that poll workers need better training, 36 percent disagree, and 16 percent have no opinion. Absentee voting, is the last in the hierarchy of agreement in this grouping, with 46 percent believing it is working well. However, 45 percent have no opinion, likely becanse they have not had experience with absentee voting. TABLE IV RANK AGREE DISAGREE NO OPINION 1. Improve voter education for all registered voters. 74.40% 17.71% 7.87% 2. The Supervisor of Elections office is helpful to voters who want to make address changes or other changes to their Voter Registration I.D. Card. 3. The voter registration program in Collier County can be improved for eligible persons wanting to vote in our elections. 4. Provide better training for poll workers. 5. The absentee voting process in Collier County works well for those who can't vote in person on election day. 55.51% 2.75% 41.73% 51.18% 20.07% 28.74% 48.03% 36.22% 15.74% 46.06% 8.66% 45.27% Responses to Future Derisions of the County Commission (Question 9a~-9h.) Responders were asked to state their opinions on a variety of issues that the Board of County Commissioners will be facing in the next few years. It is obvious that responders are concerned about future growth and the provision of an ade- quate infrastructure. For example, 90 percent agree with the statement that roads need to be in place before developments are ready to be lived in. Highest agreement is on water storage technology needing to be updated. Second highest in the agreement hierarchy is with the question regarding road- ways being required to be in place before developments are lived in, with 90 per- cent agreeing, 3 percent disagreeing, and 7 percent having no opinion. Third in the hierarchy is the need for reviewing land use policies; of responders, 88 per- cent agree that they should be reviewed to find out how effective they are. Only 1 percent disagree; 11 percent have no opinion. Fourth in the agreement hierarchy is the question regarding updating of the Growth Management Act, with 81 per- cent believing the Growth Management Act needs to be updated; less~:~l?_per~,~'~.,~ _ cent disagree, and another 18 percent have no opinion. J DE~ 1 i 2001 pg. FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 6 Receiving considerably lower agreement is the question on concern about cutbacks in funding for mental health services, County concentration on crime prevention is sixth in the hierarchy, with 63 percent agreeing. Agreement con- ceming a Juvenile Assessment Genter being a priority of Collier County is 60 per- cent with 9 percent disagreeing and 30 percent having no opinion Agreement concerning the incarceration of criminal offenders becoming a problem in the County is 34 percent, the lowest in the hierarchy of agreement. However, 54 per- cent express no opinion. Table V demonstrates the 2001 hierarchy of agreement with this group of "future decision" questions: TABLE V RANK 1. Water storage technology needs to be a major concern of future growth. 2. Roadways should be required to be in place before developments am ready to be lived in. 3. Land use policies should be reviewed to discover how effective they are. 4. The Growth Management Act should be up- dated to ensure compliance with adopted Comprehensive Plan goals and objectives. 5. Cutbacks of funding for mental health services is a concern of mine. 6. Collier County needs to concentrate more on prevention of crime. 7. A Juvenile Assessment Center should be a priority of Collier County government. 8. Incarceration of criminal offenders is becoming a problem for Collier County. AGREE DISAGREE NO OPINION 92.91% 1.96% 5.11% 90. 1 5% 3.14% 6.69% 88.18% 1.18% 10.62% 81.4~/o 0.39% 18.11% 64.17% 7.87% 27.95% 63.38% 21,65% 14.96% 60.23% 9.44% 30.31% 34.25% 11.81% 53.93% Attitudes Concerning Community Character (Question lOm-lOf.) Question 10 asks responders about several issues concerning community char- acter. The issue receiving the highest level of agreement is that natural areas are part of the community's heritage and need to be preserved for our children and grand- children, with 91 percent agreeing, 2 percent disagreeing, and 7 percent having no opinion. Second highest in the hierarchy of agreement is ff no action is taken now, there will be aserious shortage of clean water inthe next tenyears, with 87 percent agreeing, 6 percent disagreeing, and 7 percent having no opinion. Third in the hier- archy is agreement that ff we don't protect environmentally sensitive land, it will be lost forever with 87 percent agreeing, 7 percent disagreeing, and 6 percent having no opinion. [ ,,-,-, :.-., ",-': .'. I r, o. /:[/P FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 7 That the County should have a land acquisition program for passive recre- ation receives agreement by 74 percent with 11 percent disagreeing and lfi per- cent having no opinion. Adopting a holistic approach to planning by moving to- ward more traditional neighborhoods, receives 70 percent agreement with 22 percent having no opinion. Last in the hierarchy of agreement is that a program to preserve open space will encourage officials to take away property rights of pri- vate land owners. Of all responders, only 32 percent agree, 42 percent disagree, and 26 percent have no opinion. Table VI below demonstrates the hierarchy of agreement on community character concerns: RANK 1. The natural areas of Collier County are part of our heritage, and we owe it to our children and 9randchildren to preserve them. 2. If no action is taken now, I believe there will be a serious shortage of clean water within the next ten years. 3. If we do not protect environmentally sensitive land in Collier County now, it will be lost forever. 4. Collier County should have a land acquisition program to provide areas for passive recreation such as hiking, camping, and boatin9. 5. Collier County should adopt a holistic approach to planning, including moving toward a more traditional neighborhood design such as, for instance, including neighborhood parks. 6. If the County starts a program to preserve open space, officials will use it as a way to take away property rights of private land owners. TABLE VI AGREE 90.9~1~b DISAGREE NO OPINION 2.36% 6.69% 87.00% 6.29% 6.69% 87.00% 7.48% 5.51% 73.64% 10.62% '15.74% 69.68% 8.66% 21.65% 31.88% 41.73% 26.37% Health Care Availability and Access (Question lla.-llb.) When asked whether access to health care services is a major problem for the average person, a minor problem, or no problem in Collier County, 23 percent say access to health services is a major problem for the average person, 30 percent say it is a minor problem, and 47 percent say it is no problem. Of the responding voters, 41 percent believe the availability of health care service to the poor and medically indigent is a major problem; 19 percent believe that availability is a minor problem, and 40 percent believe that availability is no problem. Of the 40 percent who say there is no problem, interviewers indicate that some either have no opinion, or did not know enough about the question to express an )piegj.b~/~'~f~'~ .. DEC 11 200! FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS TABLE VII Maim' Minor RANK Problem Problem Page 8 Problem '1. Health care service available to the poor and medically indigent. 2. Access to health care services in Collier County a problem for the average person. 40.94% 19.29% 39.76% 23.22% 29.92% 46.85% Evaluation of Existing County Services (Question 12a.-12d.) During the past ten years, responders from all areas have consistently indi- cated their high regard for the County's library services. In 2001, satisfaction is at the 90 percent level, up 2 percentage points since 2000 and up 8 percentage points since 1999. Satisfaction with parks and recreation services is 80 percent in 2001. It had risen by 12 percentage points in 1995 to 76 percent satisfied, and in 1996, satisfac- tion rose an additional 3 percentage points to 79 percent. In 1997, satisfaction de- creased marginally to 77 percent and in 1998 it increased to 78 percent. In 2001, the satisfaction level with emergency ambulance service (EMS) has risen by 13 points over 2000, to 76 percent with 2 percent dissatisfied and 22 per- cent expressing no opinior~ Overall satisfaction with the County's Health Unit, just 18 percent in 2000, increases to 24 percent in 2001; however responders continue to express no opin- ion, 68 percent in 2001 and 75 percent in 2000; with only 7 percent expressing dissatisfaction. These figures appear to reveal, as did last year, a general lack of knowledge of Collier County's Health Unit and it~ activities. Table VIII-A below records the responses to the questions asked in 2001 about established general-purpose-government services. The first three services remain in the same hierarchical order as in 1999 and 2000. TABLE VIII-A RANK SATISFIED DISSATISFIED NO OPINION '1. Library services. 89.76% 5.51% 4.72% 2. Parks and recreational facilities. 79.92% 8.66% 11.41% 3. Emergency ambulance service. 75.98% 1.96% 22.04% 4. Health care provided by the County's 24.40% 7.48% 68,11% Health Unit. FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 9 Table VIII-B compares satisfaction among the established-services questions from the period 1996-2001. The hierarchy showing the Library receiving the highest level of satisfaction with Parks and Recreation second highest, and EMS, third highest, has remained essentially the same over time. Satisfaction with the Library rose in 2000 to 88 percent and has risen again in 2001 to 90 percent, the satisfaction level in 1996. Parks and Recreation satisfaction has remained essential- ly the same for the last six years with a marginal percentage-point drop in 2001. Satisfaction with emergency ambulance service rose by three points in 2000, and then increases 13 points in 2001. Table VIII-B reveals the satisfaction level of re- sponders to these general-purpose government services over the last six years. The numbers following the percentage reflect the previous years' rank: TABLE VilI-B RANK 1. Ubrary services 2. Parks & recreational facilities 3. Emergency ambulance service. 4. Health care provided by the County's Health Unit. 2001 2000 1999 1998 1997 1996 SATISFIED SATISFIED SATISfiED SATISFIED SATISFIED SATISFIED 89.76% 87.50% [1] 81.98% [1] 88.83% [1] 85.91% [1] 89.80% [1] 79.92% 82.42% [2] 79.41% [2] 78.26% [2] 77.31% [2] 78.61% [3] 75.98% 63.28% [3] 61.76% [3] 68.77% [3] 58.41% [3] 65.78% [4] 24.40% 18.35% [5] 19.85% [5] NA NA NA Bold indicates the highest percentage achieved during the 6-year pedod 1 996-2001 Table VIII-C reports, primarily, the ranking of dissatisfaction in 2001 with each category of service. Dissatisfaction with parks and recreation is marginally highest among the four. The reader should also note the apparent lack of knowl- edge of the activities of the Health Care Unit. TABLE VIII-C RANK DISSATISFIED SATISFIED NO OPINION 1. Emer'g~cy ambulance service. 1.96% 75.98% 22.04% 3. Library services. 5.51% 89.76% 4.72% 4. County Health Care Unit. 7.48% 22.40% 68.11% 3. Parks and recreational facilities. 8.66% 79.92% 11.41% Table VIII-D demonstrates comparisons of survey findings since 1996 on the ranking of the level of dissatisfaction in each year with each category of service. Parks and Recreation is at its highest dissatisfaction level in six years in 2001, up from 4 percent in 2000 and 1999 to 9 percent in 2001. The satisfaction level of the Health Care Unit and emergency ambulance services has consistently been influ- enced by no-opinion responses. Table VIII-D presents the hierarchy of dissatisfied responses for the period 1996 to 2001. ~d?~:=,.~,,-./,~/~ u:~ ;1 2001 FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 10 TABLE VIII-D 2001 2000 1999 1998 1997 1996 RANK DIS'FlED DIS'FlED DIS'FlED DIS'FlED DIS'FlED DIS'FlED 1. Emergency ambulance 1.96% 0.77% [1] 2.20% [1] 1.97% [1] 3.78% [1] 5.59% [3] service. 2. Lbraryservices. 5.51% 3.51% [4] 5.51% [3] 5.13% [2] 6.87% [2] 4.27% [2] 3. Health care Provided by the 7.48% 6.25% [5] 8.08% [5] NA NA NA County's Health Unit. 4. Parks and recreational facilities. 8.66% 3.51% [3] 4.04% [2] 9.88% [3] 8.93% [3] 9.53% [4] Awareness, Use of Channel 54, Web Site and Potential Use of On-Line Payments and County Databases (Question 13a.-13e2.) When asked whether the responder or family members watch Board of County Commission meetings on Channel 54, 54 percent say they watch and 46 percent say they do not watch. Of responders, 32 percent would consider using on-line services to pay taxes, fees, licenses, and utilities, and 67 percent would not. When asked about having access to County databases such as permits and contrac- tor licenses, 30 percent would consider using the database, while 69 percent would not. Less than a quarter, 23 percent, of responders indicate that they or family members watch programs other than County meetings on Channel 54. Only 17 percent Of responding voters are aware that the program schedule for Channel 54 is on the County's internet web site. When asked if the responder or a family member has ever used ColLier County's internet web site, only 14 percent say "yes". TABLE IX RANK YES NO 1. View BCC meetings on Channel 54. 53.54% 46.45% 2. On-line payment of taxes, fees, licenses, utilities. 32.28% 67.32% 3. Want access to County databases. 30.31% 69.29% 4. View other programs on Channel 54. 23.22% 76.37% 5. Aware of Channel 54 on County web site. 16.53% 83.:46% 6. Use of Internet Web Site. 13.77% 84.64% Planning for the Future Needs of County Residents (Ques. 17a--lTd.) Questions concerning future needs of County residents include preserving the environment, effidency and effectiveness of county government, public sup- port for sodal agencies, and use of available mass transit. First in this hierarchy of agreement, as last year, is the question regarding the County saving more land from future development to preserve the natural environment. Of the total of 254 respondents, 82 percent agree, down 5 percent from last year, 7 percent disagre~e,~ and 11 percent have no opinion. ~'~-'~:' '-/~-~---- DEC ~1 2~301 Pg. FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 11 That Collier County should provide finandal support to agendes providing health-care and mental-health services achieves a 58 percent agreement overall, up four points since last year, with 13 percent disagreeing (21 percent disagreed last year) and 29 percent having no opinion in 2001. In 2001, agree responses concerning the efficiency and effectiveness of local government rises by eight percentage points to 44 percent. Regarding the use of now available mass transit, 41 percent of the responders indicate they would consider using it, 40 percent would not, and 20 percent don't know or have no opinion. Table X-A reveals the levels of agreement, dis- agreement, and no opinion related to planning for the future needs of residents asked about in the 2001 survey: TABLE X-A RANK AGREE DISAGREE DK/NO 1. Collier County should be saving more land from future 81.49% 7.48% 11.02% development in order to preserve the environment. 2. Collier County should provide financial support to 57.87% 13.38% 28.74% agencies that provide health-care and mental-health sea-vices. Generally speaking, our County does an efficient and cost-effective job of running its local government. I would consider using mass transit now that it is available in Collier County. 3. 44.48% 28.34% 27.16% 4. 40.55% 39.76% 19.68% Table X-B below demonstrates the level of agreement in the six years since 1996. Where "NA" is noted, the reported question was not asked in those years. A number shown in parentheses for years previous to 2001 demonstrates the rela- tive ranking of agreement for that question. TABLE X-B 2001 2000 1~99 1998 1997 1996 RANK AGREE AGRrr. E AGREE AGRF. E AGREE AGREE 1. Collier County shouldbe 81.49% 86.67% [1] 86.76% [1] 86.16% [1] NA NA saving~ more land from future devei'opment in order to preserve our natu-al environment. 2. Collier County should provide 57.87% financial support to agencies that provide health-care and mental-health services, 3. Generally speaking, our. 44.48% County does an etticien[ and cost-effective job of running its local government. 4, I would consider using mass 40.55% transit now that it is available in Collier Caunty. 54.29% [2] 61.76% [2] NA NA NA 38.28% [31 57.35% [3] 62.05% [4] 57.38% [4]53.28% [6] NA NA NA FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Table X-C demonstrates the hierarchy of dBagreement. TABL.E X-C Page 12 2001 2000 1999 1998 1997 1996 RAIdC DIS'RE~ DIS'REE DIS'REE DIS'REE DIS'REE DIS'REE 1. Collier County should be saving more land from future development h order to preserve our natural environment, 2, Collier County should ~ovide financial SUl~Ort agencies that provide health-care and mental-health services, 3, Cenerally speaking~ our County does an efficient and cost-effective job of running its local government 4, I would consider using mass transit now that it is available in Collier County, 7.48% 5.85% 8.08% 6.32% NA NA 13.38% 20.70% 11.76% NA NA NA 28.34% 36.71% 18.75% 15.81% 18.21% 22.36% 39.76% NA NA NA NA NA Identification of the Voter's County Commissioner (Question 18.) When asked to identify their County Commissioners, 179 respondents over- all, or 72 percent, do not know the name of their Commissioner. Table XI provides the total number of responding voter's correct answers and the number of those responders who do not know their District's County Commissioner. TABLE Xl DISTRICT TOTAL CORRECT DON~ KNOW 1 52 25 27 2 51 16 35 3 . 51 15 36 4 50 3 47 5 5O 14 36 TOTAL 254 73 181 (100.0%) C28.7%) (71 Projects or Services That Most Need Improvement (Question 19.) Responding voters were asked to identify and comment on one or two pro- jects or services that the)' believe most need improvement in Collier County. Of the 254 voter respondents, 63, or 25 percent, provide no comments on the first opportunity for volunteered comments, and 170 voters, or 67 per- cent, provided no second comment. Of the total ofresponder comments, 89, or 35 percent, am those concerning road- ~nd traffic-related matters. Thirty-eight comments, or 15 percent, mention the needto control or manage growth in 2001. Water is a concern mentioned by 18 responders, or 7 percent. ,,,d~..c=..:-:~?f~:_"'_~ Pg. /.~..~ FOURTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 13 Preserving the natural ~nviro~ment is mentioned by 13 responders. Health care is a concern of 12 responders. Roadway beautification, and picking up litter is a concern of 9 persons. Mass transit is a concern of 8 per- sons. Parks and recreation are concerns of 8 responders. Education con- cerns 8 persons. Programs and activities for youth are concerns of 7 respon- ders. Concerns about the sheriff's department are mentioned by 6 persons. Comments include: "need more deputies", "need integrity", "speeding, more enforcement", and "running red lights" (3 comments). Other responders men- tion problems with the landfill, mosquito control, gated-community closed roads, the elections process, bike trails,, affordable housing, and the Library. This concludes the summary narrative of findings from the 2001 Collier County ~ Annual ~ ~ of Re~stered Voters in Five ~ Commission ~. A detailed discussion of findings is found in the final report previously sub- mitted to the Office of the County Manager on November 2, 2001. The final re- port is accompanied by tables, the survey's sample plan, and the questionnaire. Appended materials in the final report include tables detailing responses to every "issue" question asked, tables detailing the demographic characteristics of inter- viewed respondents, the sample-plan design, and the telephone-survey question- naire. Due to "rounding" considerations, not all percentages in the final report ta- bles will total to 100 percent [100.009/0] in every instance. Table-spacing considera- tions dictated that no more than two decimal places [0.00] per column be allocat- ed for each table template. Fraser & Mohlke Associates is grateful for the trust demonstrated by the In- stitute of Government and Collier County Government in our ability to design, conduct, and report survey findings in a manner that remains useful to citizens and loc~! officials in setting priorities and planning for the future well-being of county residents. We remain indebted to the League of Women Voters for their contribution to the successful completion of the annual telephone surv_ey r', EXECUTIVE SUMMARY REVIEW AND APPROVE THE APPROPRIATE INVOICES REGARDING THE ADVERTISING AND PROMOTION OF COLLIER COUNTY NATIONALLY AND INTERNATIONALLY AND FIND A PUBLIC PURPOSE HAS BEEN SERVED OBJECTIVE: To have the Board of County Commissioners review and approve the appropriate invoices regarding the Advertising and Promotion of Collier County Nationally and Internationally and find a public purpose has been served, in compliance with the recent Florida Attorney General' s Opinion. CONSIDERATION: On April 17, 2000, the Tourist Development Council reviewed an application for Category "B" Advertising and Promotion of Collier County. The following proposal was recommended for funding. The Tourist Development Council recommended by a 7-0 vote, to fund the Tourism Alliance $1,418,000 for Advertising and Promotion. On June 13, 2000 the Board of County Commissioners approved a Tourism Agreement for the Tourism Alliance of Collier County for the period of October 1, 2000 to September 30, 2001for the purpose of Advertising and Promoting Collier County. In April 2001 the County Attorney's Office became aware of a Florida Attorney General's Opinion that "The County Commission, (in a non-charter countY), must make a determination that an expenditure serves a County purpose prior to the Clerk of Courts issuing a warrant for payment." The opinion further states that the "initial determination of whether an expenditure serves a county purpose may not be delegated to the Clerk of Courts." This means, essentially, that the Collier County Board of County Commissioners must establish a public purpose before the expenditures of County funds and this duty may not be given to the Clerk. The unsupervised discretionary spending of County funds is not acceptable. On October 9, 2001 the Board of County Commissioners approved a 60-day contract extension for the Tourism Alliance. During the 60-day extension county staff is working with the Tourism Alliance to find the best effective and efficient method to advertise and promote Collier County. A spreadsheet categorizing the unpaid invoices for fiscal year 2002 is attached. The spreadsheet resolves the outstanding invoices for October 2001 and November 2001. Category/41 identifies invoices that staffhas reviewed and feels the required back up is attached for payment and have the Board of County Commissioner find these invoices serve a Public Purpose. Category #3 identifies an invoice that staffhas reviewed and feels additional clarification is required. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund. GROWTH MANAGEMENT IMPACT: None AGENOA ITE~ No. /o r~? DEC 1 1 2001 RECOMMENDATIONS: That the Board of County Commissioners reviews both categories and approve the appropriate invoices referenced above on the attached spreadsheets and find a public purpose has been served and authorize staffto submit these invoices to the Finance Department for payment. Jan~'E. Eichhorn~'~DC Coordinator Ho~.~ng and Urban Improvement REVIEW BY: ~eugsi n~C~In ~;:tOOvrement APPROVED BY: DATE: ~ ~ ~ ~UeCvk: 1 };tr~r}~ Administrator & £nvironmental Services AGENDA IT E.I~ NO. DEC 1 1 2001 AGENDA IT E ~, No. /0 (~' DEC '1 '1 ZOO1 EXECUTIVE SUMMARY 2002 AGREEMENTS BETWEEN COLLIER COUNTY AND PHASE V OF SOUTHWEST FLORIDA, INC., EVANS - KLAGES, INC., AND PRUTOS PUBLIC RELATIONS INC., AS RECOMMENDED BY THE TOURISM ALLIANCE OBJECTIVE: To have the Board of County Commissioners approve the 2002 Agreements between Collier County and Phase V of Southwest Florida, Inc., Evans - Klages, Inc., and Prutos Public Relations, Inc., as recommended by the Tourism Alliance. CONSIDERATION: Previously there were agreements between the Tourism Alliance and these three vendors directly; however, in an effort to improve accountability and efficiency while addressing a recent Attorney General Opinion relating to expenditure of County funds, the Tourism Alliance and staff have agreed that a direct contract between these vendors and the County is most appropriate. The following three Agreements will bring the procurement and administration of the Advertising/Promotion and Special Events under the County's Purchasing Procedures. The Administrator, Community Development & Environmental Services Division, or his designee, will administer these functions for the County and will work closely with the Finance Department to monitor the expenditures for Category "B" Advertising/Promotion and Special Events. This will entail pre-approval of most expenditures and the tracking and reviewing of all invoices prior to coordinating authorization for payment. The Clerk of Courts Finance Director, the County's Purchasing Department and Office of the .County Attorney have all recommended these changes. Staff is seeking approval fi.om the Board of County Commissioners to retroactively accept and continue, for the remaining 10 months of this fiscal year, the following three contracts: Phase V of Southwest Florida - Distributes all Fulfillment pieces. Evans - Klages, Inc. - Statistical Data Market Research Prutos Public Relations, Inc. - Coordinates and Communicates all Tourism Efforts and performs duties as President of the Tourism Alliance. Phase V and Evans-Klages have provided written approval to continue services directly with Collier County utilizing new interim County Attorney approved contracts. Prutos Public Relations, Inc. requested significant changes to the agreement recommended by the Tourism Alliance on December 4, 2001. A limited number of the changes have been incorporated into the attached staff proposed contract. Prutos Public Relations, Inc. is expected to execute the staff proposed agreement prior to Board review of this Agenda Item. These contracts will be in effect from December 1, 2001 through September 30, 2002 or until the new contracts are in place resultant to the RFP, whichever is sooner. The County shall start the process of issuing new request for proposals for each of these services in 2002. In order to ensure continuation of these vital services in the interim period, staff requests a waiver of the formal competitive threshold for these interim contracts as provided under section 5 (a) 3 in the Purchasing Policy. .o. IOH- DEC 1 ! 2002 On December 4, 2001, at its executive meeting, the Tourism Alliance voted to work with other stakeholders in the tourism industry to form a visioning process in January 2002 and submit recommendations to the Board of County Commissioners later this spring to improve the efficiency and responsiveness of how tourism dollars are spent. Along these lines, there is a thirty (30) day convenience termination clause included in these agreements. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund 194. Contract estimates are Phase V - $150,000; Evans-Klages - $41,500; Prutos-$120,000, totaling $311,500. RECOMMENDATION: That the Board of County Commissioners approve staff's recommendation and accept the three vendors retroactively and authorize the Chairman to sign the 2002 Agreements between thc County and Phase V of Southwest Florida, Inc., Evans - Klages, Inc., and Prutos Public Relations, Inc. PREPARED BY: 13(. L~. "tYfeuTM Wallace, Director CDES Operations Department DATE: REVIEWED BY: ~t~-~t,~~l~ ~ ~-' ~ATE: S~e C~ell~P~chasing ~ector ~chasing D~a~ent ~PROVED BY~~ ~~ DATE: t M. D~uck, Interim A~inis~ator ~~iW Development & Enhromental Sc~ices JDH DEC 1 i 2002 AGREEMENT THIS AGREEMENT, made and entered into on this llth day of December 2001, by and between Phase V of Southwest Florida, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITN E S SETH: 1. COMMENCEMENT. The Contractor shall commence the work December 1, 2001. This Agreement shall commence on the date of the issuance of a Purchase Order The contract shag be for a ten (10) month period, commencing on December 1, 2001 and terminating on September 30, 2002. 2. STATEMENT OF WORK. The Contractor shall provide the following services: a) b) Porting of the 2 toll-free numbers to the dedicated access provided by Phase V. Phase V agrees to return any toll-free numbers ported to Phase V or established by Phase V for the County to the County as long as the County's account is in good standing. Programming scripts, developing reports and training Telephone Service Representatives (TSRs) to respond to calls to the County's toll-free number. c) Preparing inventory control systems and receiving inventory. d) Preparing production methods to fulfill requests for the County brochures and videotapes. e) Assisting the County with establishing non-profit pre-sort standard and first class mail permits with the Fort Myers USPS BMEU. Beginning December 1, 2001 Phase V will continue responding to all calls from to the County toll-free numbers 24 hours a day, 7 days a week. Two numbers will be for Marco Island and two for Naples and environs. Different answer phrases will be used for each number. The Marco Island international toll free number(s) may be rerouted to Phase V during off-hours. g) For each call, record name, telephone number, address, ad extension, when the caller intends to visit Collier County, source and additional information as requested by the County. AC..~=]~DA ITEM DEC 1 I 2002 h) Prepare daffy listings of information requests and transmit to the production group for fulfillment. Fulfill i) j) k) l) information requests as follows: Naples toll-free number for calls as a result of print ads, fulfill with the Naples brochure. For calls from TV ads, fulfill with videotape presently being developed. Marco Island toll-free number - Fulfill all requests for information with a videotape. Requests for more information from convention (ect.) attendees - fulfill with a Fun Guide brochure presently being developed (normally in large quantities). Requests for both Marco Island and Naples information will be fulfilled by mailing both brochures. m) n) o) p) The brochures are 8.5' xl 1" glossy 14 page brochures. Fulfillment will include inserting the brochure into 9" x 12" envelopes with pre-printed return address and indicia (provided by the County), imprinting the mailing name and address and barcode on label and affixing the labels on the envelopes, mail processing and delivering the envelopes to the BMEU for pre-sort standard mailing. Mailings will occur 2 to 3 times per week to meet the minimum mailing requirements. The present duplicates of the Marco Island videotapes are 8 minutes long and are housed in 4 color jackets. Videotapes will be inserted into bubble envelopes with pre- printed return address and indicia (provided by the County), imprinting the mailing name and address and barcode on labels and affixing the labels on the envelopes, mail processing and delivering the envelopes to the BMEU for first class mailing. Future duplicates of the videotapes and the Naples videotape (when produced in a 10 minute or less videotape) may be duplicated in a self-mailing format. Phase V will have the videotapes reproduced with a 3-color label designed by the County. The reproductions will be on patented cassettes and shrink-wrapped for self-mailing. Reproduction will be done on a bi-monthly basis to minimize inventory. For the self-mailer videotapes, Phase V will print and affix a mailing label, affix postage, mail process and mail the videotapes via first class. Both brochures and videotapes will be mailed. Phase V will maintain an adequate inventory of brochures videota ~es and envelopes to insure uninterrupted fulfillment of requests. Phase V will repot t levels on a monthly basis and will notify the County when more i: Lven~ ~eded. DEC 1 I 2002 s) Fulfill "Fun Guide Brochure" requests as requested by the County. The fun guide brochure is being developed now and will list area attractions. It is designed to respond to requests for more information from unusual sources, such as meeting planners. Normally they will be shipped in bulk. Phase V will prepare reports as follows: t) Monthly - Listing of all information requests for the previous month - (Lead tracking report). Number of calls by state. Service and Productivity statistics Inventory tracking report All the above reports will be emailed to the County's TDC Coordinator in text format except the listing, which will be in comma delimited or .dbf format. u) Monthly - Listing of all information requests to any Tourism Alliance member who requests them. These will be emailed in comma delimited or .dbf format to those members who have email addresses. The scope of services can be changed, from time to time, at client's request o THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement per the following compensation and prices listed below. ao SETUP $400.00 for programming scripts, developing reports, installing toll free numbers in queues and training TSRs and production employees. be CALL PROCESSING · $.80 per minute for TSR time on the phone with callers. This includes coterminous Untied States toll-free and long distance usage charges for the toll free numbers under Phase V's responsibility. · International toll-free and long distance charges will be billed at cost. · Pay phone charges will be billed at their $.35 cost. · $.75 per entry for manual data entry and $.35 per entry for automated data entry of brochure/videotape requests transmitted to Phase V by the County. Co FUFILLMENT $. 12 per mail piece for insertion of the brochure into the envelope, imprinting name, address and bar code onto a label, affixing the label onto the piece, sealing, or tabbin. and imprinting a self-mailer, mail processing and mailing. AC,,g~A ~ $.02 per additional brochure inserted for pieces requiring more th in c~n~i2192.lxum[O~ DEC 11 2002 $.12 per videotape for inserting the videotape into a bubble envelope. If a seLf-mailer videotape is used, this charge will not be necessary. · $.45 per videotape to print and affix a mailing label, affix postage, mail process and mail the videotapes (Iow volumes make this very labor intensive) · Postage charges, including County Mail Permit will be invoiced at cost. · Special Projects - $30.00 per hour to process special data entry or fulfillment requests. (i.e. Media Kits) do INVENTORY MAINTENANCE AND CONTROL · $9.00 per month per pallet for brochure and videotape and envelope storage and inventory controls. REPORTING · No charge for the reports specified in this Agreement with Collier County. · No charge for the listing (Lead reports) emailed to the County. Phase V will submit to the County office semi-monthly billings for services. The County shall pay all invoices in a timely manner and it is understood that services cannot be billed in advance. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mai/ed by registered or certified mail to the Contractor at the following Address: Phase V of Southwest Florida, Inc. 12290 Treeline Avenue Fort Myers, Florida 33913 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Administrator, Community Development & Environmental Services Division, Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.8£ necessary for the prosecution of the Work shall be obtained b, thflo. Cqn~t-ractor. DEC I 1 2002 4 o J 10o Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. OWNERSHIP OF DOCUMENTS PRODUCED: County shall be the owner of all documents produced pursuant to this agreement and Phase V of Southwest Florida, Inc. shall not receive any additional compensation for their use or reproduction by Collier County. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liabili _ty: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contrac~al_L..!~..b_~!~. B. Business Auto Liabili _ty: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must indude Employers' Liability with a minimum limit of $1,000,000 for each accident. 12. 13. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Urban Improvement Departmen.t.. BEC 1 1 Z002 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. 15. 16. 17. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. COOPERATION: Phase V shall fully cooperate with the COUNTY in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY shall constitute grounds for the COUNTY to impose sanctions that do not result in termination of this agreement. AVAILABILITY OF RECORDS: Phase V shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. Phase V agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of Phase V involving transactions related to this Agreement. PROHIBITION OF ASSIGNMENT: Phase V shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 19. The COUNTY shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the COUNTY. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) James D. Carter, Ph.D., Chairman Phase V of Southwest Flori. la, Inc'. DEC By: t~e~F~in~ wit'ngss'na~ - tfped digr~at~;e ah-(~ title Second Witness Type/print witness name CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: ~.ac~ueline ~/ubbard Rol~ins~ ' k~ssistant County Attorney DEC, 1 1 2002 8 AGREEMENT THIS AGREEMENT, made and entered into on this llth day of December 2001, by and between Evans-Klages, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, ColIier County, Naples, hereinafter called the "County": WITNESSETH: o 1. COMMENCEMENT. The Contractor shall commence the work December 1, 2001. This Agreement shall commence on the date of the issuance of a Purchase Order The contract shaII be for a ten (10) month period, commencing on December 1, 2001 and terminating on September 30, 2002. 2. STATEMENT OF WORK. The contractor shall provide the following services. a) Visitation Trend Research (Zip Code Analysis) $15,000.00 b) Occupancy Survey of Commercial Lodging Establishments/Management Barometer $ $,000.00 c) VaIue of Tourism Report: Economic Impact of Tourism on Collier County $ 6,500.00 d) Inquire Conversion Research/Visitor Profile $12,000.00 e) Will suppIy the County with monthly reports reflecting the statistical data collected and what the County's benefit is in result of the data. The monthly reports shall begin January 25m, 2002 and shall be received by the County no later than the 25m of each month thereafter. THE CONTRACT SUM. The County shalI pay the Contractor for the performance of this Agreement in the amount of $3,458.33 per month. NOTICES. Ali notices from the County to the Contractor shaII be deemed duIy served if mailed by registered or certified mail to the Contractor at the following Address: Evans - KIages, Inc. 600 South Magnolia Avenue Suite 350 Tampa, Florida 33606 DEC I1 2002 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: o Administrator, Community Development & Environmental Services Division, Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Ali non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice' of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. OWNERSHIP OF DOCUMENTS PRODUCED: County shall be the owner of all documents produced pursuant to this agreement and Evans-Klages, Inc. shall not receive any additional compensation for their use or reproduction by DEC 1 1 2002 10. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. 11. INSURANCE. The Contractor shall provide insurance as follows: go Commercial General Liability: Coverage shalI have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Bo Business Auto Liability: Coverage shall have minimum I/mits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall incIude: Owned Veh/cles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering aII empIoyees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' L/ability with a minimum 1/mit of $300,000 for each accident. Special Requirements: Coil/er County shalI be listed as the Certificate HoIder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that ail subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. this document, shalI hoId harmless and defend CoIIier County a employees from all suits and actions, including attorneys' fees and al and judgments of any name and description arising out of or INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of ad t~lml~a~nd ' co~llfi of liti~zation incidental ~o the DEC 1 ! 2002 3 13. 14. 15. 16. 17. 18. 19. performance of this contract or work performed thereunder. This provision shalI aIso pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be Limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred doIIars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Coil/er County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Urban Improvement Department. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. COOPERATION: Evans - KIages, Inc. shall fully cooperate with the County in ail matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the County shall constitute grounds for the County to impose sanctions that do not result in termination of this agreement. AVAILABILITY OF RECORDS: Evans - Klages, Inc. shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. Evans - Klages, Inc. agrees that the County, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of Evans - Klages, Inc. involving transactions related to this Agreement. PROHIBITION OF ASSIGNMENT: Evans - Klages, Inc. shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. The County shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed ~ ....... · .... ~ specifically exempted by the County. '---'~IEf~ ITEM'~ DEC 11 2002 IN W1TNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) James D. Carter, Ph.D., Chairman First Witness Anne Wittine Type/print witness name Jazmine S. Rizzo Type/print witness name Evans-Kla/ges,,I2~c..,~ ~ ~f'//~b~ature ...... '% Walter J. Klages, Ph.D., CEO Typed signature and t/fie CORI~~ SEAL (corporations only) Approved as to form and legal sufficiency: , ~ sqU~l~ne Hubbard Robinson istant County Attorney DEC 11 2002 AGREEMENT THIS AGREEMENT, made and entered into on this llth day of December 2001, by and between Prutos Public Relations, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work December 1, 2001. The contract shall be for a ten (10) month period, commencing on December 1, 2001 and terminating on September 30, 2002. 2. STATEMENT OF WORK. The contractor shall provide the following services. a) Coordinate and communicate tourism efforts on behalf of the Tourism Alliance of Collier County. b) Direct meeting scheduling and staffing of the Tourism Alliance Executive Committee meetings and Tourism Alliance Board of Director meetings, including Tourism Alliance agendas and meeting minutes. c) Serve as ex-officio member of all committees of the Tourism Alliance, assisting in preparation and distribution of committee reports. d) Fully coordinate completion of all grant applications submitted to Collier County seeking tourist tax funds, coordinate and review all invoicing procedures with county staff and act as liaison on behalf of hotel industry in Tourist Tax Grant funding. e) Develop and implement annual promotional budget in conjunction with Marketing Committee objectives and the Tourism Alliance Board. Supervise vendors to include Public Relations, Advertising, Fulfillment, Marketing Research, and Internet. This includes contract negotiations and performance of vendors. g) h) i) Review all invoices submitted by vendors prior to submittal to staff. Insure all insurances required by the County contract are provided. Develop and implement strategies and action plans, which fulfill objectives of the Tourism Alliance. Contractor will report to Administrator, = -, .... " . . ..... i) k) 1) Development and Environmental Services Division, or his designee, and submit monthly reports of activity to same. Act as the "tourism voice" for the Tourism Alliance. Research complex tourism issues, develop reliable sources of information and prepare clear and concise portion papers. Monitor legislation and maintain relations with other tourism organizations within Florida, including Visit Florida and the Florida Association of Convention & Visitors Bureaus. o m) Create a decision-making and implementation process that is simple, streamlined and results oriented. n) Enlist the support of the appropriate organization or association for tourism initiatives and research opportunities for the tourism industry to show its support for their initiatives when a common interest is shared. o) Attend all TDC meetings and attend County Commission meetings, as required. p) When directed, insure representation by the Tourism Alliance at domestic and international trade shows and press events. q) Coordinate emergency disaster recovery advertising program. r) Prutos Public Relations, Inc. will report to the Administrator of the Community Development and Environmental Services Division or his or her Designee and submit monthly reports of activities undertaken. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement as per the following. a) The fee to be paid to Prutos Public Relations, Inc. shall be $120,000 over a 10-month period, payable in semi-monthly increments totaling $12,000 per month. Expenses will be billed monthly and include postage, office rent, furniture/equipment lease, office supplies, postage, entertainment, professional fees, telephone services, copying, facsimile transmission, and other out-of-pocket expenses but will be included in the fee. Invoices for all fees will be furnished to the County in a timely manner. Staffing of the management office is the sole responsibility of Prutos Public Relations, Inc. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. NOTICES. All notices from the County to the Contractor shall be deemed if mailed by registered or certified mail to the Contractor at the following Az .dreW. ~EC 1 122002 Prutos Public Relations, Inc. 5395 Park Central Court Naples, Florida 34109 Al1 Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Administrator, Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. J NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. o PERMITS: LICENSES: TAXE..q. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. o NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence.~ operation during the suspension period until the violation has been cc :rect~th~ satisfaction of the County. ~__[t~ ~ __ OWNERSHIP OF DOCUMENTS PRODUCED. County shall be the owner of all documents produced pursuant to this agreement and Contractor shall not receive any additional compensation for their use or reproduction by Collier County. 10. TERMINATION. Should the contractor be found to have failed to perform its services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all empIoyees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $300,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the sar requirements that he is required to meet. The same Contractor s County with certificates of insurance meeting the required insurance 9EC 11 1 . 2 12. 13. 14. 15. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Urban Improvement Department. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. 17. 18. COOPERATION: Prutos Public Relations, Inc. shall fully cooperate with the County in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the County shall constitute grounds for the County to impose sanctions that do not result in temdnation of this agreement. AVAILABILITY OF RECORDS: Prutos Public Relations, Inc. shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. Contractor agrees that the County, or any of its duly authorized representatives, shall, Until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of Prutos Public Relations, Inc. involving transactions related to this Agreement. PROHIBITION OF ASSIGNMENT: Prutos Public Relations, Inc. sb. convey, or transfer in whole or in part its interest in this Agreement wi' written consent of the County. 19. The County shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the County. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) James D. Carter, Ph.D., Chairman Prutos Public Relations, Inc. First Witness By: Signature Type/print witness name Second Witness Typed signature and title Type/print witness name CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney DEC 1 12802 EXECUTIVE SUMMARY APPROVE A RESOLUTION ADOPTING THE COLLIER COUNTY FLOW EQUALIZATION SYSTEM FACILITIES PLAN, AUTHORIZE THE SUBMISSION OF THIS PLAN TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), AND AUTHORIZE THE PUBLIC UTILITIES ADMINISTRATOR TO CARRY OUT THE COUNTY'S RESPONSIBILITIES UNDER THE LOAN PROGRAM. OBJECTIVE: Approve a resolution adopting the Collier County Flow Equalization System Facilities Plan and authorize submission of the plan to the FDEP, designating authorized representatives. This will alloxv the project to be eligible for a request for inclusion for potential SRF funding. CONSIDERATIONS: During the 2000-2001 peak winter season, the North County Water Reclamation Facility' (NCWRF) experienced overflow events. These events resulted in an FDEP Corisent Order. The Consent Order fully executed by the Board and the FDEP on April 10, 2001, mandates that an expansion of the NCWRF to a treatment capacity of 30.6-MGD (Million Gallons Per Day), MMADF (Maximum Month Average Daily Flow) be operational no later than January 1,2005. In addition, in terms of providing floxv equalization facilities, the FDEP Consent Order stipulates that: 1. The County shall submit FDEP Form 62-620-910 (12), "Notification of Completion of Construction for Wastewater Facilities or activities" for the on-going 5-MGD AADF (Average Annual Daily Floxv) expansion and place the facility on-line by December 1, 2001. 2. The County shall ensure that at least half of the capacity of aeration basins for the 5-MGD AADF expansion (currently under construction) is available for (temporary) flow equalization (storage) by December 1,2001. 3. The County shall submit an application for modification of the North County Facility to install adequately designed flow equalization/surge tanks at the NCWRF which shall be completed and on-line by November 1, 2002. To comply with the FDEP Consent Order and to develop a Flow Equalization System (FES) at the NCWRF, the system must meet the permanent needs of the facility, that is currently undergoing expansion, as well as the interim needs as defined by the FDEP. .o. ,.p--. DEC 1 1 2001 p~. I Collier County is seeking consideration for a low-interest State Revolving Fund (SRF) Construction Loan from the FDEP. It is understood that these funds may be used to proceed with construction loan funding. It is the intent of the county to secure maxinmm eligibility for all anticipated wastewater construction projects utilizing the lowest cost funding available. We have submitted a Request For Inclusion (RFI) with the FDEP to be included in their priority list to obtain a SRF loan. The current SRF loan interest rate is 3.05%. The rate is adjusted quarterly based on a 40% discount applied to the "Bond Buyer 20-Year General Obligation Bond Index". SRF loans are being used to successfully fund the current expansion of the NCWRF. This SRF funding source will be instrumental in allowing Collier County to proceed with this project. Preliminary planning efforts resulted in an estimated total cost of S9,006,398 (including a loan servicing fee of $171,000) to construct a Floxv Equalization System at the NCWRF that meets the requirements set forth in a consent order. FDEP has stipulated January 4, 2002 to be the deadline to complete and submit all the approval process for Flow Equalization Facility Plan Updates. Approval of this resolution will satisfy the planning protocols required by the FDEP. FISCAL IMPACT: The adoption of this resolution has no fiscal impact GROWTtl MANAGEMENT IMPACT: The expansion of the NCWRF is consistent with the Growth Management Plan and 201 Wastewater Facilities Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the attached Resolution. Prepared By: Bala M. Sridhar, Public Utilities Senior Accountant Date: Reviewed By: ?_~0_~ %~-,~J Date: Peter Schalt, Project Manager Approved By: "~~'~~~b Date: Tl~omas Wides, Interim Pu lic Utilities Administrator RESOLUTION NO. 2001- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S FLOW EQUALIZATION SYSTEM FACILITIES PLAN; AUTHORIZING THE PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; DESIGNATING AUTHORIZED REPRESENTATIVES. WHEREAS, Collier County has determined that the Flow Equalization System recommended in the Collier County Flow Equalization System Facilities Plan is in the best interest of the County; and WHEREAS, staff has requested that the Board of Collier County Commissioners approve the Flow Equalization System Facilities and Capital Financing Plan after discussion at a public meeting in accordance with State Revolving Fund (SRF) requirements; and WHEREAS, The County is seeking funding from the FDEP under its SRF loan program to fund these improvements to benefit Collier County Water/Sewer customers; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that: 1. Collier County hereby adopts the Collier County Flow Equalization System Facilities Plan, copy attached hereto and incorporated herein. 2. The Collier County Dedicated Revenue and Capital Financing Plan has been reviewed and, as discussed at a public meeting of Collier County, is hereby adopted. 3. The Board of County Commissioners hereby authorizes submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the County's responsibilities under this Loan Program and to delegate authority and responsibility to staff to carry out all activities to accomplish the goals of the Loan Program. 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this ~ day of ,2001 after majority vote in favor of adoption. ATTEST: Dwight E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY: JAMES D. CARTER, Ph.D., Chairman AGENDA ITEM DEC 1 1 2001 p~. ~ FACILITIES PLAN UPDATE Collier County, Florida NCWRF Flow Equalization System (Mural from a Collier County Wastewater Transfer Station) October, 2001 DEC 1 1 2001 pG. Table of Contents - Collier County Flow Equalization Section 1 - Executive Summary 1.1 Project Description 1.2 Project Need 1.3 Maps 1.4 Summary Section 2 - Cost Comparison 2.1 2.1.1 2.1.2 2.2 Discussion of Alternatives Alternative One - Develop an Interim and a Permanent FES (for full buildout of MMADF of 37.1 mgd) 2.1.1.1 2.1.1.2 2.1.1.3 2.1.1.4 Interim Equalization System - Primary Interim Equalization System - Backup Adequacy of the Interim FES Permanent Equalization System Alternative Two - Develop an Interim and a Permanent FES (for buildout of MMADF of 30.6 mgd) Cost Comparison Table Section 3- Environmental Effects Section 4 - Selected Alternative 4.1 Description of the Selected Alternative 4.1.1 Interim Equalization System 4.1.2 Permanent Equalization System 4.1.2.1 4.1.2.2 4.1.2.3 4.1.2.4 4.1.2.5 4.1.2.6 Tank Sizing Odor Control Tank Mixing and Aeration Equalization Return Pumps Pump Systems BlowedElectrical System 4.2 Detailed Cost Table Section 5 - Public Participation Process 5.1 5.2 Public Meeting Minutes/Advertisement Certificate of Public Participation Section 6 - Financial Feasibility 6.1 6.2 6.3 Dedicated Revenues Existing/Proposed User Charge System Capital Financing Plan Section 7 - Schedule Section 8 - Adopting Resolution Appendices A B C D Financial Information Sources Existing Debt Information User Charge System Consent Order List of Tables Table 2 Table 2 Table 4 - 1 Interim Flow Equalization System Process Capacity - 2 Cost Comparison Table - 2 Detailed Cost Table List of Figures Figure 1 - 1 Planning Service Areas Figure I - 2 North County Regional Wastewater Treatment Facility Site Plan N0 ._~)A ~ · DEC 1 1 2001 Section 1 - Executive Summary Section 2 - Cost Comparison Section 3 - Environmental Effects Section 4- Selected Alternative Section 5 - Public Participation Section 6-Financial Feasibility Section 7 - Schedule Section 8 - Adopting Resolution Section 1 - Executive Summary 1.1 Project Description Develop a Flow Equalization System (FES) at the Collier County North County Wastewater Reclamation Facility (NCWRF). The system must meet the permanent needs of the facility, which is currently undergoing expansion, as well as the interim needs as defined'by the FDEP. 1.2 Project Need During the 2000-2001 peak winter season, the NCWRF experienced several overflow events. These events resulted in an FDEP Consent Order. (See Appendix D). The Consent Order, fully executed by the Collier County Board of County Commissioners and the FDEP on April 10, 2001, mandates that an expansion of the NCWRF to a maximum monthly treatment capacity of 30.6-MGD (MMADF) be operational no later than January 1,2005. In addition, in terms of providing flow, equalization facilities, the FDEP Consent Order stipulates that: The County shall submit FDEP Form 62-620.910 (12), "Notification of Completion of Construction for Wastewater Facilities or Activities" for the on-going 5-MGD AADF expansion and place the facility on-line by December 1, 2001. The County shall ensure that at least half of the capacity of the aeration basins for the 5-MGD AADF expansion (currently under construction) is available for (temporary) flow equalization (storage) by December 1,2001. DEC 1 1 2001 The County shall submit an application for modification of the North County Facility to install adequately designed flow equalization/surge tanks at the NCWRF which shall be completed and on-line by November 1,2002. 1.3 Maps See Figure 1-1 for a Map of the Collier County Service Areas See Figure 1-2 for a Site Plan of the NCWRF 1.4 Summary To meet the needs of the FDEP Consent Order, an interim and a permanent Flow Equalization System have been designed. The systems are described in the following sections. The permanent system consists primarily of two circular' 1.5 million gallon tanks and associated equipment that provide flow equalization for a plant buildout of 30.6 mgd MMADF at an estimated construction cost of $6,337,056 and a total project cost of $9,006,398, including all loan allowances and excluding Capitalized Interest estimated at $569,204. A~NOA IT£14 .o._L_~.~ - DEC 1 1 2001 - --- -c--c-c--,.i~: __:_, - ~L~ ' / g_l ~----~ - -- ~,~ "J;" " " ~lt '~~" ~ : -, Comp Oress:r ~ McKee 201 PLANNING AREA .,.m**~;~.,***..~¢"* e. *.~¢*.. , NORTH/SOUTH SERVICE AREA BOUNDARIES FCGI IRE '1 1 2001 FIG Section 2 - Cost Comparison 2.1 Discussion of Alternatives 2.1.1 Alternative One- Develop an Interim and a Permanent FES (for full buildout of MMADF of 37.1 mgd) 2.1'.1.1 Interim Equalization System - Primary The primary alternative for an interim system places all four new aeration tanks on-line as conventional treatment units to treat the incoming wastewater flows without equalization. The overall permitted maximum month treatment capacity would be increased to 17.55 MGD. Under this alternative, the flow rate would operate as originally permitted with the excess treatment and hydraulic capacity provided by the current expansion project acting as a buffer until the permanent equalization system is complete in 2002. The clarifiers, aeration tanks, blowers and related piping between the headworks and the new tanks, as well as the piping from the tanks to the new clarifiers, are currently under construction and, based on the current project schedule, will be in place and completed in time for the 2001-2002 winter season. 2.1.1.2 Interim Equalization System - Backup Two of the four new aeration basins can be isolated and temporarily fitted with hydraulically driven submersible pumps to provide equalization storage and transfer. The stored wastewater would be pumped at a constant rate to the plant headworks. Diurnal flow routing analyses DEC 1 1 2001 confirmed that the 1.44 million gallons of storage available in two basins will satisfy backup equalization requirements. To ensure both the primary and backup operational strategies are available to the County, the following systems must be completed and placed in service by the December 1,2001 FDEP deadline. Aeration Basins 4 through 7. Blowers. Transfer pumps (temporary) and piping. 2.1.1.3 Adequacy of the Interim FES Both systems provide adequate capacity to meet biological treatment process requirements as well as peak hour hydraulic conditions during the 2001-2002 winter season. A comparison of the available treatment and peak hydraulic capacity under each system is presented in Table 2-1 below. ' DEC 1 1 PG._ ~',-~ TABLE 2 -1 Interim Flow Equalization System Alternatives and Available Process Capacity Primary System Backup System MMADF Peak Hour MMADF Peak Hour Aeration Basin 1 2.76 4.25 2.76 4.25 Aeration Basin 2 5.53 8.50 5.53 8.50 Aeration Basin 3 2.76 4.25 2.76 4.25 Sub-Total 11.05 17.00 11.05 17.00 Aeration Basins 4 & 5 3.25 5.00 - Aeration Basins 6 & 7 3.25 5.00 3.25 5.00 Total Capacity, MGD 17.55 27.00 14.30 22.00 2001-2002 Winter 11.70 20.60 11.70 12.90 Season Flow, MGD Percent of Capacity 67% 76% 82% 59% .o.__/O / DEC 11 2DD1 PG. /~"~ 2.1.1.4 Permanent Equalization System The permanent flow equalization system will equalize peak wastewater flows to 10-30% above average during the maximum month 'winter season' operating period under 'build-out' conditions. To provide sufficient volume to accommodate a 'build-out' plant capacity of 37'.1 MGD (65.2 MGD peak hour) a 4 million gallon oval storage tank will be necessary to fit within constraints of the site. 2.1.2 Alternative Two - Develop an Interim and a Permanent FES (for buildout of MMADF of 30.6 mgd) The concept of this system is similar to Alternative One with exceptions as noted below. The permanent flow equalization system will equalize peak wastewater flows to 15% above average during the maximum month 'winter season' operating period under a 'build-out' plant capacity of 30:6 MGD. To provide sufficient volume and meet FDEP minimum requirements a total of 3 million gallons of storage will be necessary. Two circular 1.5 million gallon tanks can be fit into the site with minimal site reconstruction. Round tank construction costs will be less than that of an oval tank. Only one tank and associated processing are needed for initial FDEP compliance. The second tank can be built later saving total project time. AGENDA IT£14 .0. ,/~ DEC 1 1 2001 PG. /,J~"' 2.2 Cost Comparison'Table TABLE 2-2 Item Alternative 1 Alternative 2 Plant Buildout MMADF, MGD 37.1 30.6 Degree of Equalization Complete Partial Number of Tanks 1 2 Volume per Tank, MG 4.0 1.5 Total Volume, MG 4.0 3.0 Shape of Tank(s) Oval Round Fill part of canal? Yes Yes Sheeting req'd, north of tank? Yes Yes Pipe relocations req'd.? Yes Yes Ductbank relocation req'd.? Yes No Site/Earthwork $1,347,300 $518,400 Tank(s) $2,732,000 $1,008,000 Concrete Structu res $336,300 $191,800 Masonry $15,200 $12,000 Metals $933,000 $409,000 Doors/Windows $18,200 $9,100 Finishes $200,000 $75,000 Building Specialties $30,000 ' $10,000 Process Equipment $1,196,000 $1,059,500 Conveying System $13,000 $0 Mechanical $1,339,000 $858,000 Electrical & Instrumentation $750,000 $650,000 Estimating Contingency $891,000 $480,080 GC Markup $1,957,600 $1,057,176 Total $11,745,600 $6,337,056 AG£~DA ITEM ,0. /D~¢-'- - DEC 1 1 2001 P~. /~ Section 3 - Environmental Effects To facilitate construction of the permanent facility, the following physical and institutional issues will be resolved before commencement of tank construction: 1. Relocate existing 24 inch influent force main. (Design is complete). 2. Relocate existing 8 inch water line. (Design is complete). 3. Relocate FPL overhead power lines. (Design is complete). 4. Relocate site fence. (Design is complete). 5. Site and construct a stormwater retention pond to replace the existing on-site pond impacted by the equalization tank. (Pending). 6. Fill in a small portion (0.03 AC) of the existing drainage canal along the north portion of the plant site and on the Barron Collier property. (Design is complete). 7. Obtain SFWMD permit for construction of the stormwater improvements and related on-site/off-site drainage modifications and wetlands mitigation. (Permit request submitted). 8. Reinforce subsurface conditions with vibro replacement. (Design is complete). 9. Complete structural design and negotiate final construction contract with prestressed tank construction. (On-going). 10. A modification to the NCWRF Site Development Plan to account for the equalization tank construction (to address removal/replacement of existing oak trees, etc.). (Submitted). The critical institutional constraint was anticipated to be the resolution of the SFWMD stormwater and wetlands issues. The following steps were taken to resolve the issues: ~G£.OA IT£M DEC 1 1 2001 ~G. /7 1. Obtain topography for the Barron Collier property north of the NCWRF to review drainage patterns into the existing canal. 2. Prepare a permit modification submittal to SFWMD to address the below items: a. Calculations and drawings to fill in a small portion (0.03 AC) of the existing drainage canal including design of a physical barrier (berm or wall) between proposed construction and drainage canal. b. Define the area of affected wetlands and propose wetlands mitigation. c. To construct the equalization tank, on-site Stormwater Retention Area No. 7 must be filled. Prepare drawings and calculations to replace this lost volume on-site to show no loss in total retention volume. .o. DEC 1 1 2001 p~. /~' ... Section 4 - Selected Alternative 4.1 Description of the Selected Alternative 4.1.1 Interim Equalization System As stipulated in the FDEP Consent Order, at least one-half of the new aeration tanks for the 5 MGD AADF expansion are to be available for flow equalization by December 1,2001. It is anticipated, based upon the historical growth in seasonal wastewater flows, that the maximum month average daily flow during the upcoming 2001-2002 winter season may reach 11.7 MGD with peak hour flows of approximately 20.6 MGD expected. A primary and a backup strategy have been reviewed to manage these peaks. The primary strategy is based on the placement of all four aeration basins and associated equipment on-line in parallel to supplement the existing plant capacity as currently permitted by the FDEP and the back- up strategy is based in the FDF_P Consent Order interim equalization criteria. Under the Primary strategy, all four new aeration basins would be placed in service to increase the overall permitted maximum month treatment capacity to 17.55 MGD. Under the backup strategy, the 1.44 million gallons of storage capacity provided by Aeration Basins 4 and 5 would store excess wastewater and manually limit flow to Aeration Basins 1,2 and 3 as influent wastewater flow rates rise. The tanks would be fitted with temporary transfer pumps to return excess flow to the plant headworks. l' A IT£H _ DEC 1 1 2001 4.1.2 Permanent Equalization System Permanent flow equalization tankage and related facilities are proposed to be located in the Northwest corner of the existing plant site directly west of the aerobic digester facility. Tank sizing and arrangement are dependent upon several factors including, available land area, setbacks and construction requirements, diurnal flow characteristics and plant hydraulics. 4.1.2.1 Tank Sizing Tank sizing criteria and constraints for construction of the equalization tankage at the NCWRF site include: · Available on-site property and construction setbacks. · Maximum tank water elevation of EL 26.5 to permit gravity flow from the headworks under peak flow conditions. · Groundwater table EL 6.0 (approx.). · Trim peaks to maintain process operations to within typical 'sustained' extended duration flow pattern limits (typically 1.1 - 1.3 x MMADF) encountered in South Florida's WWTP's. · Dual tanks to allow scheduled cleaning/repair. · Aeration of contents to maintain aerobic conditions and provide mixing. · Covered tankage and odor control system(s). Based on an analysis of anticipated peak seasonal wastewater flows for the expansion to 30.6 MGD MMADF), a total of 3.0 million gallons of storage capacity will be required to capture 'sustained' (1.15 x MMADF) wastewater flows and return the retained volume to the treatment process during the late evening/early morning hours when collection system flows subside. DEC I 1 2001 Two circular 1.5 million gallon prestressed storage tanks are proposed. Assuming the critical issues addressed in Section 3 are resolved by March, 2002, the first 1.5 million gallon equalization storage tank shell can be completed within three months and be available for installation of the remaining equipment by June, 2002. Pre-staging and assembly of tank mounted equipment, completion of the remaining exterior work and placement of the first tank system on-line by the FDEP November 1,2002 deadline is achievable under an expedited construction schedule. 4.1.2.2 Odor Control The two equalization tanks are proposed to be designed to accommodate domed covers to contain odors. The covers are proposed to be Iouvered along the north wall with exhaust take-offs along the south wall for ventilation and odor control. Six fresh air changes per hour under half full conditions will be provided for a ventilation rate of 35,000 CFM for interior environmental control. Two 17,500 CFM air scrubber systems are proposed (ohe per tank) to provide wet or biological scrubbing of ammonia, hydrogen sulfide and organic compounds in the malodorous air prior to atmospheric exhaust. Dual packed lower scrubber systems and biological media systems are under consideration. 4.1.2.3 Tank Mixing and Aeration Equalization tank mixing and aeration are required to partially pre-treat the incoming waste stream, maintain aerobic wastewater conditions to control odors within manageable levels, and to keep settleable solids in suspension. Considering the need to provide a covered tank to contain and control potential odors, fixed internal aeration/mixing systems were not considered viable candidates. The recommended system is a Jet Aeration System. AG£NDA ITEM ,o. DEC 1 1 2001 PG. The jet aeration system basically consists of a combination of pumping for tank mixing and aeration to maintain aerobic conditions. The system includes the following components: · In-basin submerged air and liquid piping, 120 jet nozzle assemblies, backflush lines and stainless steel bottom supports. · Four 25 horsepower, 3.6 MGD externally mounted dry pit type submersible jet mixing pumps (plus one spare (boxed)). · Three (one spare) 30 horsepower, 3,750 SCFM positive displacement blower systems including inlet filter, inlet and discharge silencers, valves and blower controls. 4.1.2.4 Equalization Return Pumps Excess wastewater will be diverted over the automatic weir gate and will flow by gravity to the equalization tank. To return the stored wastewater back to the headworks, pumping will be required. Under design conditions, 7.2 MGD of firm pumping capacity will be necessary to return stored wastewater and supplement the average minimum hour collection system wastewater flows. 4.1.2.5 Pump Systems A pump system containing four 25 Hp, 3.6 MGD constant speed dry pit submersible pumps will be constructed for each equalization tank. Existing grade in the area of the tank is approximately elevation 10.0. In order to maintain minimum pump submergence for operation, the pump station floor elevation will be set at elevation 5.0. The pump station slab will be integrated with the equalization tank slab. Walls will be built up around the pump station to one foot above grade. A sump will be provided to drain the uncovered pump station back to the gravity drain manhole. AG£NDA IT[ti BEC 1 1 2001 .G. In each pump station, two pumps will be dedicated to mixing and one pump dedicated to equalization return. One spare, providing backup for either mixing or equalization return will be provided. All four pumps will be identical. 4.1.2.6 Blower/Electrical Building Three (one spare) 30 Hp, 3,750 SCFM positive displacement skid mounted blower package systems including inlet filter, inlet and discharge silencers, valves and blower controls will be provided. The blowers will be housed in a room containing acoustical tiling to reduce noise. An electrical and motor center room will adjoin the blower room. The electrical room will be air-conditioned to maintain equipment and component reliability and corrosion protection. 4.2 Detailed Cost Table ITEM & DESCRIPTION QUANTITY UNIT UNIT PRICE INSTALLATION TOTAL SITE WORK $518,400 EXCAVATION & BACKFILL FOR UTILITIES 10,000 CY 5 1.00 $50,000 EXCAVATION FORTANK (STANDARD) 8,000 CY 5 1.00 $40,000 MATERIALS HAULING 6,650 TONS 20 1.00 $133,000 DEWATERING FOR STRUCTURES I LS 80000 1.00 $80,000 DEWATERING FOR UTILITIES I LS 20000 1.00 $20,000 PAVEMENT RESTORATION 300 SY 18 1.00 $5,400 LANDSCAPING I LS 40000 1.00 $40,000 VIBROREPLACEMENT I LS 150000 1.00 I $150,000 TANK 2 LS 504000 1.00 $1,008,000 CONCRETE $191,800 ELECTRICAL BLDG. SLAB-ON-GRADE 35 CY 300 1.00 $10,500 1ST FLOOR COLUMNS 8 CY 600 1.00 S4,800 ROOF 20 CY 500 ! 1.00 I S10,000 DIVERSION BOX (PRETREAT) t I t I SLAB-ON-GRADE i 60 CY 300 I 1.00 I $18,000 LOWERWALLS I 65 CY 500 I 1.00 ! S32,500 UPPER WALLS 65 I CY 500 1.00 $32,500 TOP SLAB 22 ICY 5O0 1.00 $11,000 MASONRY $12,000 BLOWER/ELECTRICAL BLDG. 1200 SF 10 1.00 $12,000 METALS $409,000 ALUMINUM HANDRAIL 200 LF 45 1.00 $9,000 ALUMINUM DOME COVERS 22000 SF 18 1.00 S400,000 DOORS AND WINDOWS $9,100 ALUMINUM WALK DOORS (3' X 7') ALUMINUM DOUBLE DOORS W/TRANSOM FINISHES BUILDING SPECIALTIES (SIGNS, LOUVERS, ETC.) 2000 5000 LS 750O0 LS 10000 EA 14375 EA 14375 LS EA 1.30 1.30 PROCESS EQUIPMENT 1.00 1.00 1.30 1.30 200000 1.30 500000 1.30 S2,600 EQ RETURN PUMPS 4 EQ MIXING PUMPS 4 JET SYSTEM W/BLOWERS 1 ODOR CONTROL SYSTEM 1 MECHANICAL BURIED PIPING 1 EXPOSED PIPING, VALVES 1 FRP ODOR DUCT 250 ELECTRICAL 1 INSTRUMENTATION 1 ESTIMATING CONTINGENCY GC MARKUP {BONDS/INSURANCE, OVERHEAD, PROFIT) TOTAL S6,500 $75,000 $10,000 $1,059,500 574,750 574,750 S260,000 $650,000 $858,000 500000 1.30 $650,000 135000 1.30 $175,500 100 1.30 $32,500 500000 1.00 $500,000 150000 1.00 $150,000 $480,080 $1,057,176 $6,337,056 DEC 1 1 2001 Section 5 - Public Participation Process 5.1 Public Meeting Minutes/Advertisement Will be provided after Public Meeting 5.2 Certificate of Public Participation Will be provided after Public Meeting 2001 SECTION 6- Financial Feasibility 6.1 Dedicated Revenues This loan is to be secured by the Net Operating Revenues and Wastewater System Development Fees of the Collier County Water- Sewer District's Water and Sewer Utility Systems after payment of debt service. 6.2 Existing/Proposed User Charge System Please see Appendix C for copies of the Collier County Sewer Use Ordinance (Ordinance 91-69), an April, 2000 Utility Rate Update study performed by John A. Mayer Associates, Ordinance 2000-34 establishing new rates as recommended in the aforementioned study, and Ordinance 2001-13 replacing prior Impact Fee Ordinance. Collier County Utilities is under contract with a consult.ant who is reviewing the adequacy of Impact Fees for Water and Sewer and User Fees for Water, Sewer and Effluent. Targeted completion date of the study is the end of November 2001. It is anticipated that a large increase in Impact Fees will be recommended as a result of the study. 6.3 Capital Financing Plan Please see the following pages for the Capital Financing Plan. AGENDA ITEM DEC 1 1 2001 ,_ Section 6.3 - CFP CAPITAL FINANCING PLAN PUBLIC ENTITIES Collier Count>,, Florida Project Sponsor James V. Mudd, Public Utilities Administrator Authorized Representative and Title 330 l East Tamiami Trail Maiiing Address Naples, FL, 34112 CID', State, and Zip Code Mark A. Brewer, Client Mans=er (941) 756-5800 Capital Financing Plan Contact, Title and Telephone Number 9104 58th Drive East, Suite 101 Mailing Address Bradenton, FL >4_02 CID', State, and Zip Code financial Officer Certification -his is to provide you with a certification that I have rev/ewed Collier County's financial planning info,.'?,ation (including the capital financing plan worksheets at*.nched hereto), as it pertains to implementing the project for which a Wastewater State Revolving Fund Oa~WSRF) loan application wilt be made to the D~riment. I have found that Collier County currently has the financial capaioility to ensure adequate consU'action, operation, and maintenance of the WWSRF project. This certification is made with full consideration given to other planned projecm that will be financed from the revenues to be dedicated to repay~n, g the ~,,,VSRF loan. " /~o. Name Title Date / / ' The Department needs to know about the financial capabilities of' potential Wastewater State Revolving Fund CWWSRF) loan applicants. Therefore, a financial capability demonstration (and certification) is required well before the evaluation of the actual' loan application- It is expected that the revenues to be dedicated to repaying the loan will be generated either from water and sewer utility operations or from water utility operations alone. Please contact the Depamnent for further guidance if dedicated revenues will be generated externally to such utilities. Tne completed worksheets should be used in disclosing WWSRF project financing to the public. Tl~e worksheets can serve to identify the impacts of the W'WSRF project on residential users and how the project fits into the sponsor's overall capital improvement program for the water and sewer utility (or sewer utility, as appropriate). Supplemental · :spiral financing documentation may be submitted with these worksheets and may be presented at the required public _ meeting. . NO._~ _,/~ DE 1 Section 6.3 - CFP CAPITAL FINANCING PLAN PUBLIC ENTITIES Collier CountT, Florida Project Sponsor James V. Mudd, Public Utilities Administrator Authorized Representative and Title 3301 East Tamiami Trail Mailing Address Naples, FL, 34112 City, State, and Zip Code Mark A. Brewer, Client Manager (941) 756-5800 Capital Financing Plan Contact, Title and Telephone Number 9104 58th Drive East, Suite 101 Mailing Ad&ess Bradenton, FL 34202 City, State, and Zip Code Financial Officer Certification This is to provide you with a certification that I have reviewed Collier County's financial planning information (including the capital financing plan worksheets attached hereto), as it pertains to implementing the project for which a Wastewater State Revolving Fund (WWSRF) loan application will be made to the Department. I have found that Collier County currently has the financial capability to ensure adequate construction, operation, and maintenance of the WWSRF project. This certification is made with full consideration given to other planned projects that will be financed from the revenues to be dedicated to repaying the Wa,VSRF loan. Title Date The Department needs to know about the financial capabilities of potential Wastewater Slate Revolving Fund (W'WSRF) loan applicants. Therefore, a financial capability demonstration (and certification) is required well before the evaluation of the actual loan application. It is expected that the revenues to be dedicated to repaying the loan will be generated either from water and sewer utility operations or from water utility operations alone. Please contact the Department for further guidance if dedicated revenues will be generated externally to such utilities. The completed worksheets should be used in disclosing WWSRF project financing to the public. The worksheets can serve to identify the impacts of the W'WSRF project on residential users and how the project fits into the sponsor's overall capital improvement program for the water and sewer utility (or sewer utility, as appropriate). Supplemental capital financing documentation may be submitted with these worksheets and may be presented at the required publi~' meeting. N0. { (D ~ _ CFP-1 DEC I 1 2001 PG. The ~ouree revenues being dedicated to repayment of the WWSRF loan are: Net Revenues of the Water and Wastewater S~tem C~pi~l Financing plan Identify the WWSRF loan amount scheduled, or to be scheduled, on the project priority list; the interest rate established for the quarter preceeding the submittal of the CFP, annual debt service, and expected pledged revenue coverage. Note that WWSRF repayments begin six month~ after the estimated construction completion. (lt is recognized that the information to be provided are best estimates only.) Capital Cost* Loan Repayment Rese:'ve (LRR)(3% o f capital cost) Loan Service Fee (LSF)(2% of capital cost) Subtotal Capitalized Interest** Total Cost to be Amortized Interest Rate Coverage Factor Annual Debt Service Including Coverage 8.577.522 257,326 171.550 9,006.398 569,204 9.575,603 3.16% 1.25 746,990 · Capital Cost = Allowances + Construction Cost (including a 10% contingency) + Technical Services After Bid Opening · ' Estimated Capitalized Interest = Subtotal time Inte'test Rate times construction time in years divided by two · " Coverage may be higher if other than water and sewer operating revenues are pledged SCHEDULE OF PRIOR AND PARITY LIENS List annuat debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. IDENTIFY EACH OBLIGATION 1~2 Water & Sewer Taxable Refunding Revenue l~3 Water & Sewer Taxable Refunding Revenue Water & Sewer Revenue Bonds 1992 Bonds - Series 1994A Coverage% 125% Covet;ge% 125% Insured Yes Jn~ured Yes Bonds - Series 1994B Coverage% 125% Insured Yes #5 Water & Sewer Taxable Refunding Revenue K SRF Loan CS120597070 Water & Sewer Ta~abie Refunding Revenue Bo~d,s - Series 1999B Bonds - Sedes 1999A Coverage% 125% Coverage% 125% Cover'~e% 125% Insured Yes Insured Yes Insured Yes ~01g ANN~JAL DEBT SERVICE (PRINCIPAL P~.US INTEREST) $7.347.76~ $913.960 sg11.335 $2,474.857 $2.474.09C $2.473,465 $2.470.585 $2.470,490 $2,473.730 $2,474.505 $2,472.305 $2.47~155' $2,473,905 $2,063,g6O S2.6.41,415 $2,640.615 $2.642.475 $2,647.375 $2,630,035 $2.636.285 S2.639,~5 S2.635,g3fl $2,644,847 $Z471,880 $2.640.013 S2,473.578 $2,637.262 $5.11~263 $5,112.200 $5.11~425 $5.112.412 $5,111,g13 $2.896,162 S2,060.413 S2.061.675 S2.063,475 -- s 2.057.6.38 $163,375 $335,700 $333.02~ $335.220~ $1,247,160 Sl,246,16O $526,518 $818.318 $819.318 $818.363 #5 $254.851 $1,06O,598 $1,969.40.4 $1.06O,598 $1.966,404 $1,967.0C,4 $1.060.59~ S 1,966.004, $1,060.598 $1,973,404 $1,060,598 $1,968,80.4 Sl.06O,598 $1.967.604 $1.060.598 SI .9~4,6~4 S1.06O,598 $1,974.80,4 $1.0~0.598 $1,971,0T9: $1,~9,879 $1,060,5cJ8 $I ,970.979 $1 s1,g74.154 $1.060.598 $1.g79.179 S1.977,569 $1.967.31g $1.971.094 TO"fA~ NON S~LI: DEBTTOT~L SILl: D~J'~ S F. RV'IC~ W/CO'~r~AG E Capital Financing Plan SCHEDULE OF PRIOR AND PARITY LIENS - Cont'd. List annual debt service beginning two y~ars before the anticipated loan agreement date and continuing at least t~fteen fiscal years, Use additional pages as necessary. IDENTIFY EACH OBUGAT1ON ~7 SRF Loan C.St 20597090 l~8 SRF Loan CS120597100 #$ SRF Loan CS12059715P Coverage% 125% Coverage% 125% Cover3ge% 125% Insu.'ed Yes insured Yes InsuPed Yes ANNUAL DEBT SERVI~E (PRINCIPAL PL¥$ INTEREST] TOTAL NON SPJ= DEST TOT^L SR.E DEnT FISCAL SERVICE ~/CO'~.,R.AG E SERVICE W/CO%'EILAG E 1999 $88~,480 !$ 15.381,001 $ 2,433.848 2000 $8~6,480 $ 10.418,211 $ 2,433.848 2001 $~86,480 $754,400 $ 10.406,D49 $ 3,376,848 2002 ~88~.480 51.508,800 $ 10,406,455 $ 4.319.848. 2003 $886,480 $1,508,800 $ 10.413,786 $ 4,319.848 2004 $886,480 51,508.800 $210,776 $ 10,404.161 $ 4.583.318 2005 $886,480 $1,508.800 $.421,552 $ 9,877,426 I $ 4.846,788 2006 ,%886,48C $1,508,80~ $421,552 $ 9.871,878 $ 4,846,788 2007 $886,484] $1,508.80~ $421,557., $ 9.874,015 $ 4.846.788 2008 $~86.480 $1,508,800 $421,552 $ 9.589,843 I $ 4.846.788 2009 $.88~.,~,80 51.508.800 $421.552 $ 9,877.863 $ 4,646.7~_. 2010 $886.480 $1,508,8~O $421,552 $ 9,873.853 $ 4.r 2011 $88~.,~8.0 $1,508,800 $421,552 S B,854,053 S 4.6. ~ 2012 $886.480 51.508,800 $.421,552 $ 8,857.9,43 $ 4,846.788~ 2013 S886.480 $1.508,8OO $.421,552 t $ 8.864,505 S 3,521.040 2014 $886,480 $1,508,800 $421.552 $ 8.862.476 $ 3,521.040 2015 $.8~6.480 $1,508,800 $421.552 $ 8.849.D40 $ 3.521.G40 2016 $886.480 $1..508.1~X~ $421.552 I $ 6,0~4.070 $ 3.521.040 2017 $886.480 $1.508,800 $421.552 $ 2.575.516 $ 3.521.~40 2018 $~86.480 $1.508.800 $421,552 $ 2,577.09.4 $ 3.521.040 2019 $1.508,8.0~ $421,552 $ 2,579.344 $ 2,412.940 2020 $1,508.80C $421.552 $ 2.581.g~8 i $ 2.412.~40 2021 $75.4.400' $421,552' $ 2,572.C48 $ 1.469,940 2022 $421.552 $ $ 526'c~0 202:3 $421.552 $ $ 526.940 2024 $210.776 $ $ 263.470 S $ 2O26 $ $ 2027 l$ $ ' 2028 $ $ 2029 $ $ 2030 $ $ DEC 1 t:F20'01 Capital Financing Plan ACTUAL REVENUE AND DEBT SERVICE SCHEDULE (Provide information for the two fiscal years preceeding the anticipated date of the SRF Loan Agreement) FY99 FY00 (a.) Water Operating Revenue (b.) Sewer Operating Revenue (c.) Interest Income (j) (d.) Other (Identify) Misc. Reimb./Tffs (e.) ~tal Revenues (f.) )perating Expenses (excluding interest on debt, depreciation, and other non- cash items) (k) (g.) Revenues (g = e - f) (h.) )cbt Service excluding SRF Loans including requLred coverage) (i.) $ 19,993,968 $ 21,003,376 $ 22,920,871 $ 24,126,991 $ 4,357,000 $ 6,544,805 $ 1,721,363 2,757,022 $ 48,993,202 $ 54,432,194 21,028,37~ $ 27,964,827 17,814,849 $ Revenues After Debt Service (i=g· 1 Source: Audited Financial Statements-Collier County FY 99, FY 00 $ 23,354,400 $ 31,077,794 $ 12,852,058 18, Notes: (i.e. Rate Increases, Explanations, etc.) (j) Reflects net funds available from 1999 refinancing. (k) Net Depreciation and amortization of $10,794,374 (FY 99) and $12,337,554 (FY 00) excluded. lAG£NDA IT£~ (a.) Co.) (c.) (e.) (f.) (g.) (h.) (i.) (k.) (I.) (m.] (n.) Capital Financing Plan PROJECTED REVENUE AND DEBT SERVICE SCHEDULE (Must include at least 2 years of Projected SRF Loan Repayment) Water Operating Revenue Sewer Operating Revenue Interest Income Other (Identify) Misc. Reimb./Tfr's Total Revenues Operating Expenses (excluding interest on debt, depreciation, and other non- cash items) Net Revenues (g = e - f) Revenue (including coverage) pledged to debt service, excluding SRF loans Revenue (including coverage) pledged to outstanding SRF loans :Total Existing Debt Service Projected SRF Loan Debt Service (including coverage) Projected Debt Service on Non-SRF Future Projects (including coverage) iTo~al Debt SeC'vice (Existing a~ci Projected) FY02 FY03 FY04 21,001,300 24,176,100 1,000,000 4,1741300 50,351,700 $ 33,906,300 $ 16,445,400 $ 10,406.455 $ 21,421.326 $ 21,849,753 $ 24.659,622 $ 25.152,814 $ 1.020.000 $ 1,040,400 $ 4,257,786 $ 4,342,942 $ 51.358,734 $ 52,385,909 $ 34,584,426 $ 16,774,308 $ 10,413,786 $ 35,2761115 $ 17,109,794 $ 10,404.161 FY05 $ 22,286.748 $ 25.655,871 $ 1,061,208 FY06 $ 22.732,483 $ 26.168.988 $ 1,082,432 $ 4,429,801 $ 4,518,397 $ 53,433,627 $ 54,502,299 $ 35,981,637 $ 17,451,990 $ 9,877,426 $ 4,319,848 36,701,270 $ 17,801,030 $ 9.871,878 $ 14~726~303 811,945 $ 151538T248 S 4,319,84~ $ 14~7331634 $ 811,945 ,~ 15~5451579 $ 4,583,318 $ 14.987~479 $ 811,945 $ 151799T424 4,846,788 $ 141724~214 $ 811,945 S 4,846,788 $ 15~536~159 141718.665 S 811,945 $ 15~5301610 Net Revenues After AllDebt $ 907,152 $ 1,228,729 $ 1,310,370 $ 1.915,831_ i $ Source: FY 02 Information from Collier County Summary Information from the 2002 Budget Workshop, June 21-22, 2001. FY 03 thru 06 Projected 2% annual growth. 2,270,420 Notes: (i.e. Rate Increases, Explanations, etc.) ICollier County Utilities is under contract with a consultant who is reviewing the adequacy of Impact Fees for Water and Sewer and User Fees for Water, Sewer and Effluent. Targeted completion date of the study is the end of Nov. 2001. It is anticipated that a large increase in Impact Fees will be recommended as a result of the study. AGENDA IT£H DEC 1 1 2001 PC.,. 3.2.. CFP--4 TABLE 2 SRF LOAN CALCULATION Administrative Allowance Engineering Allowance Construction, Demolition and Related Procurement Eligible Land Contingency (10% of construction and land) Legal and Technical Services during Construction Interim Financing (excluding SRF capitalized interest) Cost of Refinancing (such as underwriter fees) Start-up Services Other (exptain) Subtotal Loan Repayment Reserve (3% of subtotal) Service Fee (2% of subtotal; obtain percent amount from Department) Total Cost (to be identified on priority list) $ $ $ $ $ $ $ $ $ $ $ $ $ $ Capital Finandng Plan 48,098 513,048 6,337,056 0 633,706 950,558 0 0 95,056 0 8,577,522 257,326 171,550 9,006,398 A C~: I'~ A IXJE~I NO. /,~_'~.-- DE(; 1 1 2001 PG.. ~ .... Capital financing Plan :Brewer & ssociates, £.C. Estimated SRF Amortization Schedule Enter Values Loan Amount $ 9,575.602.63 Annual Interest Rate 3.16 % Loan Period in Years 20 Number of Payments Per Year 2 Star'[ Date of Loan 12/1/2003 __ Optional Extra Payments Loan Summam/ Scheduled Paymentt $ 324,778.12 Scheduled Number of Payments{ 40 Actual Number of Payments [ 40 Total Early Payments[ $ - Total Interest~ $ 3,415,522-~24 Lender Name: [FDEP Pmt Payment Beginning Scheduled Extra Total Ending No. Date Balance Payment Payment Pa meat Principal Interest Balance $ $ I 6/1/2004 9,575,602.63 2 12/1/2004 9,402,119.03 3 6/1/2005 9,225,894.38 4 12/1/2005 9,046,885.39 5 6/1/2006 8,865,048.06 6 12/1/2006 8,680,337.70 7 6/1/2007 8,492,708.91 8 12/1/2007 8,302,115.59 9 6/1/2008 8,108,510.90 10 12/1/2008 7,911,847.25 11 5/1/2009 7,712,076.31 12 12/1/2009 7,509,149.00 13 6/1/2010 7,303,015.43 14 12/1/2010 7,093,624.95 15 6/1/2011 6,880,926.11 15 12/1/2011 6,664,866.62 17 6/1/2012 6,445,393.39 18 12/1/2012 6.222,452.48 19 6/1/2013 5,995,989.11 20 12/1/2013 5,765,947.62 21 6/1/2014 5,532,271.47 22 12/1/2014 5,294,903.23 23 6/1/2015 5,053,784.58 24 12/1/2015 4,808,856.26 25 6/1/2016 4,560,058.07 26 12/1/2016 4,307,328.86 27 6/1/2017 4,050,606.54 28 12/1/2017 3,78g,828.00 29 6! 1/2018 3,524,929.16 30 12/1/2018 3,255,644.92 31 6/1/2019 2.982,509.14 32 12/1/2019 . 2,704,8.54~7 33 6/1/2020 2,422,813.25 34 12/1/2020 2,136,315.58 35 6/1/2021 1,845,291.24 36 12/1/2021 1,549,668.72 37 6/1/2022 1,249,375.37 38 12/1/2022 944,337.38 39 6/1/2023 634,479.78 40 12/1/2023 319,726.44 324,778.12 324,778.t2 324,778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324778.12 324778.12 324,778.12 324,778.12 324,778.12 324,778.12 324,778.12 324,778.12 324,778.12 324,778.12 $ 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 324 778.12 324 778.12 324 778.12 324 778.12 324 778:12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 324 778.12 319 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 77812 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 778.12 726.44 173,483.60 176,224.64 179,008.99 181,837.33 164,710.36 187,628.79 190,593.32 193,604.70 196,663.65 199,770.94 202,927.32 206,133.57 209,390.48 212,698.85 216,059.49 219,473.23 222,940.91 228,463.37 230,041.49 233,678.15 237,368.23 241118.65 244 928.33 24'8798.19 252 729.2O 256 722.33 260 778.54 264898.84 269 064.24 273 335.77 277 654.48 282,041.42 286,497.67 291,024.34 295,622.52 300,293.36 305.037.99 309,857.59 314,753.34 314,874.77 151,294.52 148,553.48 145,769.13 142,940.79 140,067.76 137,149.34 134,184.80 131,173.43 128,114.47 125,007.19 121,850.81 118,644.55 115,387.64 112,079.27 108,718.63 105,304.89 101,837.22 98,314.75 94,736.63 91,101.97 87,409.89 83,659.47 79,649.80 75,979.93 72,048.92 68,055.80 63,999.58 59,879.28 55,693.88 51,442.35 47,123.64 42,736.70 38,280,45 33,753.79 29,155.60 24,484.77 19,740.13 14,920.53 10,024.78 5,051.68 $ 9,402,119.03 9,225,894.38 9,046,885.39 8,865,048.06 8,680,337.70 8,492,708.91 8,302,115.59 8,108,510.90 7,911,847.25 7,712,076.31 7,509,149.00 7,303,015.43 7,093,624.95 6,880,926.11 6,664,866.62 6,445,393.39 6,222,452.48 5,995,989.11 5,765,947.62 5,532.271 5,294,903. 5,053,784.58 4,808,856.26 4.560,058.07 4,307,328.86 4,050,606.64 3,789,828.00 3,524,929.16 3,255,644.92 2,982,509.14 2,704,854.67 2,422,813.25 2,136,315.58 1,645,291.24 1,649,668.72 1,249,375.37 944,337.38 634,479.78 319,726.44 0.00 DEC 1 1 2001 PG. ,~q CFP-6 Section 7 - Schedule The FDEP has established a deadline of November 1,2002 for completion and placement in operation of the new NCWRF flow equalization system. Based upon the completion of the preliminary site work (relocation of existing underground and overhead utility systems) and the favorable resolution of stormwater/wetlands mitigation, Permitting and local institutional issues by the end of March, 2002, it is anticipated that the first 1.5 million gallon circular prestressed storage tank shell can be completed within three months and available by June 2002 for pre-staging and installation of internal elements, piping, ductwork, covers and related equipment and systems to meet the November 1,2002 date. See details below: Sep, 2001-Feb, 2002 january-February, 2002 March, 2002 June, 2002 October, 2002 November1,2002 Stormwater Permitting/detailed Equalization System Design. Relocate on-site utilities and prepare site subsurface improvements. Approve Contract, issue General Contractor Notice to Proceed. , Commence construction of equalization tank shells. Concrete shells completed and commerce equipment installation Equipment testing and staY[up Facility completed and operational AGE MOA ITEM DEC 1 1 2001 p6. SECTION 8 - ADOPTING RESOLUTION DEC 1 1 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COUNTY'S FLOW EQUALIZATION SYSTEM FACILITIES PLAN; AUTHORIZING THE PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; DESIGNATING AUTHORIZED REPRESENTATIVES. WHEREAS, Collier County has determined that the Flow Equalization System recommended in the Collier County Flow Equalization System Facilities Plan is in the best interest of the County; and WHEREAS, staff has requested that the Board of Collier County Commissioners approve the Flow Equalization System Facilities and Capital Financing Plan after discussion at a public meeting in accordance with State Revolving Fund (SRF) requirements; and WHEREAS, The County is seeking funding from the FDEP under its SRF loan program to fund these improvements to benefit Collier County Water/Sewer customers; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that: 1. Collier County hereby adopts the Collier County Flow Equalization System Facilities Plan, copy attached hereto and incorporated herein. 2. The Collier County Dedicated Revenue and Capital Financing Plan has been reviewed and, as discussed at a public meeting of Collier County, is hereby adopted. 3. The Board of County Commissioners hereby authorizes submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the County's responsibilities under this Loan Program and to delegate authority and responsibility to staff to carry out all activities to accomplish the goals of the Loan Program. 5. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this majority vote in favor of adoption. __ day of ,2001 after ATTEST: Dwight E. BROCK, Clerk BY: Deputy Clerk Approved.__..._ as to f~..,~~cy: Tom Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY: JAMES D. CARTER, Ph.D., Chairman AG£~DA [TEll DEC I 1 2001 PG. ,.~7 APPENDIX A- FINANCIAL INFORMATION SOURCES DEC 1 1 2001 ~. ~ COLLIER COUNTY, FLOP, IDA WATER ,43'~'I) SEWER DISTP, ICTS Combined Financial Statements September 30, 2000 W (With .Independent Auditors' Report ~l-'nereon) DEC 1 1 2001 COLLIER cOUNTY, FLORIDA WATER AND SEWER DISTRICTS Table of Contents Independent Auditors' Report Combined Financial Statements: Combined Balance Sheet Combined Statement of Revenue, Expenses and Changes in Retained Earnings Combined Statement of Changes in Fund Equity Combined Statement of Cash Flows Notes to Combined Financial Statements SupplementarY Combining Information: Combining Balance Sheet Combining Statement of Revenue, Expenses and Changes in Retained Earnings Combining Statement of Changes in Fund Equity Combining Statement of Cash Flows Supplemental Information (Unaudited): Senior Obligation Bond Coverage Subordinated De. bt Bond Coverage Page 1 4 5 7 9 l_pG. 4tO _ P.O. Box 31002 St. Petersburg, FL 33731-8902 P.O. Box 1439 Tampa, FL 33601-1439 Distinguished Members of the Board of County Commissioners Collier County, Florida: Independent Auditors' Report We have audited the accompanying financial statements of the Collier Count),, Florida Water and Sewer Districts, as of and for the year ended September 30, 2000, as listed in the table of contents. These financial statements are the responsibility of Collier Count)', Florida's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basiS, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing thc accounting principles used and significant estimates made by management, as well as evaluating the overal financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in note 1 (a), the financial statements present only th: Water and Sewer Districts of Collier County Florida, and are not intended to present fairly the financial position of Collier County, Florida, and the results of it operations and' the cash flows of its proprietary fund types in conformity with accounting principles generall~ accepted in the United States of America. In our opinion, the financial statements referred to above, present fairly, in all material respects, the flnancit position of the Collier County, Florida Water and Sewer Districts, as of September 30, 2000, and the results of ii operations and its cash flows for the year then ended in conformity with accounting principles generally accepte in the United States of America. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. Tlr combining financial statements listed in the table of contents are presented for purposes of additional analysis ar. are no{ a required part of the basic financial statements of the Collier County, Florida Water and Sewer District Such information has been subjected to the auditing procedures applied in the audit of the basic fmanci statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statemen taken as a whole. January 19, 2001 No.. DEC i 1 2DD1 COLLIER cOUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Balance Sheet September 30, 2000 Current assets: Cash and investments Receivables: Trade, net Unbilled revenue Interest Due from other funds Inventory Prepaid costs Total current assets Restricted assets: Cash and investments Special assessments receivable: Current · Deferred Accrued interest Notes receivable Total restricted assets Property, plant and equipment Less accumulated depreciation Net property, plant and equipment Other assets Total assets The notes to thc combined financial statements are an integral part of this ~atement. 2 S 43,908,314 2,684,184 1,171,621 1,314,430 14,903 1,847,712 12,320 50,953,484 76,524,462 773,472 7,422,116 580,420 250,6?' 85,551.109 _ 503,489,876 (102,547,272) 400,942,604 _ 2,566,150 $ 540,013,347 DEC 11 2001 _P~. Liabilities and Fund E~_uitv Current liabilities: Vouchers payable and accruals Due to other funds Current maturities of notes payable Total current liabilities Current liabilities payable from restricted assets: Vouchers payable and accmals Deferred revenue Current maturities of notes payable Current maturities of revenue bonds Due to other governments Accrued interest payable Customer deposits Retainage payable Total current liabilities payable from restricted assets Long-term liabilities: Revenue bonds payable, less current maturities Notes payable, less current maturities Arbitrage rebate payable Accrued compensated absences Total long-term liabilities Total liabilities Fund equity: Contributed capital Retained earnings: Reserved for:. Revenue bond retirement Renewal and replacement Unreserved Total retained earnings Total fund equity Total liabilities and fund equity 201,501 23,179 196,143 420,823 4,331.418 2,891,312 1,243,040 3,924,000 248,648 1,653,593 2,334 1,123,305 15,417,650 76,837,336 22,125,523 23,909 470,868 99,457,636 115,296,109 293,027,833 9,301,987 300,02O 122,087,398 131,689,405 424,717,238 $ 540,013,347 2001 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Statement of Revenue, Expenses and Changes in Retained Earnings Year ended September 30, 2000 Operating revenue: Charges for services Operating expenses: Salaries and wages Employee benefits Contractual services Materials, supplies and maintenance Utilities Purchased water Other operating expenses Depreciation and amortization Total operating expenses Operating income Non-operating revenue (expenses): Interest income Interest expense Miscellaneous revenue Loss on disposal of fixed assets Grants and entitlements Total non-operating revenue (expenses) income before operating transfers Operating transfers': Operating transfers in Operating transfers out Total operating transfers Net income Depreciation on contributed assets Increase in retained earnings Retained .earnings at October 1, 1999 Retained earnings at September 30, 2000 The notes to the combined financial statements are an integral part of this statement. 47,066,719 6,423,614 2,317,583 2,038,744 4,148,009 2,802,434 250,120 5,373,896 12,337,554 35,691,954 11,374,765 6,544,805'-' (5,439,172 B67,597 (48,738) 1,811 1,926,303 13,301,068 i2,315 (367,503) (355388) 12,945,880 7,231,858 20,177,738 $ 131,689,405 AGENDA IT£~ BEC I 1 2001 PG. ~?Z~ .,.~-, COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Financial Statements September 30, 1999 (With Independent Auditors' Report Thereon) DEC 1 1 2.001 P~. P.O. Box 31002 St. Petersburg, FL 33731-8902 RO. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report Honorable Pamela S. Mac'Kie and Distinguished Members of the Board of County Commissioners Collier Count3', Florida: We have audited the accompanying combined financial statements of the Collier County, Florida Water and Sewer Districts, as of and for the year ended September 30, 1999, as listed in the table of contents. These financial statements are the responsibility of Collier County, Flori'da's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statemen ~- free of material misstatement. An audit includes examining, on a test basis, exSdence supporting the am~- ..~s and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluaing the overall financial statement presentation. We believe that our audit pro~Sdes a reasonable basis for our opinion. As discussed in note l(a), the combined financial statements present only the Water and Sewer Districts of Collier County, Florida, and are not intended to present fairly the financial position of Collier County, .... Florida, and the results of its opc~rations and the cash-flows of the proprietary-fund types in conformity with generally accepted accounting principles. In our opinion, the combined financial statements referred to above, present fairly, in all material respects, the financial position of the Collier County, Florida Water and Sewer Districts, as of September 30, 1999, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. Our audit was made for thc purpose of forming an opinion on the basic financial statements taken as a whole. The combining financial statements listed in the table of contents are presented for purposes of additional analysii and are not a required part of the basic financial statements of the Collier County, Florida Water and Sewer Districts. Such information has' been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in r~c!afion to the basic financial statements taken ~ a whole. February 11, 2000 . . :¥:.' . ':," ..~ ........ DEC 1 I 2001 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Table of Contents Independent Auditors' Report Combined Financial Statements: Combined Balance Sheet Combined Statement of Revenues, Expenses and Changes in Retained Earnings Combined Statement of Changes in Fund Equity Combined Statement of Cash Flows Notes to Combined Financial Statements Supplementary Combining Information: Combining Balance Sheet Combining Statement of Revenues, Expenses and Changes in Retained Earnings Combining Statement of Changes in Fund Equity Combining Statement of Cash Flows Supplemental Information (Unaudited): Senior Obligation Bond Coverage Subordinated Debt Bond Coverage .Page 1 4 '5 7 9 IGQ?NOA IT£~i DEC 1 1 2001 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Combined Balance Sheet September 30, 1999 CLt~T~t assets: Cash and investments Receivables: Interest Trade, net Unbilled Due from other funds Due from other governments Inventories Prepaid expenses Total current assets Restricted assets: Cash and investments Special assessments receivable: Current Deferred Accrued interest Notes receivable Total restricted assets Properg', plant and equipment Less accumulated depreciation Net property, plant and equipment Other assets Assets 34,411,195 1,158,986 2,384,688 1,509,139 58,693 200,000 1,611,588 12,320 41,346,609 65,838,422 814,095 8,778,482 674,444 327,05L 76,432,501 468,659,198 (91,097,357) 377,561,841 2,731,129 Total assets $ 498,072,080 See accompanying notes to combined financial statements 2 DEC 1 1 2001 Liabilities and Fund Equity Current liabilities: Vouchers payable and accruals Due to other funds Current maturities of notes payable Total current liabilities Current liabilities payable from restricted assets: Vouchers payable Deferred revenue Current maturities of notes payable Current maturities of revenue bonds Due to other governments Accrued interest payable Customer deposits Retainage payable Total current liabilities payable from reswicted assets Long-term liabilities: Revenue bonds payable, less current maturities Notes payable, less current maturities Accrued compensated absences Total long-term liabilities Total liabilities Fund equity: Contributed capital Retained earnings: Resm-ved for: Revenue bond retirement Renewal and replacement Unreserved Total retained earnings Total fund equity Total liabilities and fund equity 600,165 617 214,878 815,660 1,076,057 2,724,759 1,197,135 3,759,000 269,680 1,658,571 94,104 1,179,534 11,958,840 80,300,225 23,266,754 407,690 103,974,669 116,749,169 269,811,244 9,407,076 300,020 101,804,571 111,511,667 381,322,911 $ 498,072,080 AGENDA BEC I 1 2001 ¥? COLLIER cOUNTY, FLORIDA WATER AND SE~,VER DISTRICTS Combined Statement of Revenues, Expenses and Changes in Retained Earnings Year ended September 30, 1999 Operating revenues: Charges for services Operating expenses: Salaries and wages Employee benefits Contractual services Materials, supplies and maintenance Utilities Purchased water Other operating expenses Depreciation Amortization Total operating expenses Operating income Non-operating revenues (expenses): Interest income Interest expense Gain on disposal of fixed assets Grants and entitlements Total non-operating (expenses) Income before operating transfers Operating transfers: Operating transfers in Operating transfers out Total operating transfers Net income Depreciation on contributed assets Increase in retained earnings Retained earnings at October 1, 1998 Retained earnings at September 30, 1999 44,302,396 5,787,568 2,250,513 1,814,227 3,535,999 2,439,182 228,081 4,972,805 10,539,527 254,847 _ 31,822,749~ 12,479,647~ 4,357,000 (s,s84, 212,875 (993,906)_ 111,294 (100,398) 10,896_ ,496,637 4,925,528~ ,422,165 95,089,502~ See accompanying notes to combined financial statements Attachment F PUBLIC UTILITIES Collier County Summary Information From The 2002 Budget Workshop June 21-22, 2001 .o.__/OJ---- - DEC 1 1 2001 .G. d"/ Aug-Og-O1 O8:59A Opemd=g D~snrncn~: UdIides Water PILT Indirect ~t Allocation Sub~o~l-~do~ p.~e-M~P~Y pl~ Adj. ~¢~c-C~ K~:~c-C~b Flow T~f~: To (410) D~t Svc To (411) W~ Imp To (4~2) W~F CpO To (414) S~'~ ~d ~ ~ ~opmc~t To (301) F~H6~ CpO To (0~I) G~ To~:~ A~P~ Collier county Public Wks County. Water & Sewer District Operations Utilities (408) FY 99/00 FY {'~01 FY 00d0l FY 01102 FY' 01102 Actu,I Adopu:d Fonrc~t Curr~'nt Expanded Exp(Rcv Bud,_et E.xI:x/'R~ v Service Service 748,120 336,900 339.600 361 1.681,062 2,825,000 2,glg.600 3,114,1U0 0 798,g00 716,600 758,300 9,162..,2.27 10,550,400 11.170,000 123.80.160 9,5S1,772 10,952.100 11,058,300 12-.,851,500 1.527,300 1,620,g00 1,620,I500 1,741,300 046.500 1,130,900 1,130,900 1,246,600 23,546.981 28,214.9U0 2,5,851,800 32,353,200 35,877 60,000 60,000 60.00U 0 2,[;43,500 0 1,617,700 O 0 0 656.400 0 )..,606,000 0 0 0 6,043,300 0 8,058.300 35,877 t ~. ,552,800 60.000 10,422,400 /,373,900 0,393.000 9,393,000 7,760,400 0 10,700,000 0 0 4,500,000 3,355,000 3,355,000 4,126,700 2j00,000 t li400,000 I 1,/~00,000 1E.512.000 0 139.000 139.000 0 147,20D 0 0 16 oo 2so,ooo 2 o,ooo o FZJ67 oF ,37,ooo 24.s3':,ooo. 39,273,"58 75,~0,4.700 $3,4~g:gO0 73),74,700 0 171.200 706,400 230,500 0 0 1,553300 0 132~000 0 0 ¢01.200 532,200 0 0 0 0 0 ~1%00 /,41,6()0 1,727,900 FY 01/02 % To=l Budgt Budget Chart9 361,300 - 7.2% 3,285,300 16.3~. 1,464,700 ~3.41 12..510,600 18.65 13.290,500 21.4~ 1,741,300 7-4~ 1,246,600 10.2' 33,906,300 20.2' 60,000 O.0' 1,749,700 -3~.$' 656,400 N/ 0 .tOO.O' 8,489,.500 40.5' 10.955,600 -5.2' 7,760,400 .17.4 0 .10{1.0 4,126,700 ~.3.0 llt,512,000 .4 0 -100.O 641,600 N. 0 -100.C' 3~ ,040,700 -~ IZ 75,902,600 E-2 2001 O9:OOA Col 1 ier County Public Wks County Water & Sewer District Operations (Cont.) Utilities (408) P.4 FY 99100 FY 00/01 BY 0010I ~r' 01102 FY 01/02 6.cmal Adopted Forec~st Currant Exptaded Exp/R:v Budget Exp/Rcv Service Service 219.074 125.100 710.300 159,300 0 188.956 280.500 284.200 262.000 0 21.006.722 20.829,100 20.[751.000 21,001,300 0 24.188,214 23,984,200 23,103,800 24,176,[00 0 45,602,966 45,226,900 45,049,300 45.598,700 500,000 1,075.000 1,075,000 3.753,000 0 0 30,584,100 33,905,300 27.880,800 0 1,572.627 400,000 1300.000 1,000,000 0 0 (2,2~ 1,300) 0 (2,320,900) 0 47,675,593 75,004.700 81,329,600 75,902,600 0 FY 01lO2 Total Budgct Budg~ Chan.ee 159.300 27,3% 262,000 -9.2% 21.001.300 0.8% 24.176.100 0.8% 45.598.700 0 3,753.0<10 2,19.1% 27,880,800 t,000.000 150.0% (2,329,9I~) 2.1% 75,902,61X) 11% 9.0 3.0 3.0 3.0 f.O 0.0 lO.O 9.0 9.0 7.0 38.0 38.0 39.0 39.0 3.0 89.0 95.0 95.0 96.0 2.0 115.0 120.0 t20.O 120.0 4.0 251.0 266.0 266.0 267.0 3.0 0.0% 16.0 60.0% 42.0 10.5% 98.0 3.2% 124.0 3.3% 283.0 6.4% AG£N~A ITEM .o.__/05r--__ DEC 1 1 2001 APPENDIX B - EXISTING DEBT INFORMATION DEC 11 2001 ~ _o ~ _o ~ _o E E ~ ~ ~ ~ ~ o o o z" ~ ~' 5~ ~ ~ ~ z ~ ~ z ~ z z B _E .-- 0 0 0 u 0 0 0 0 0 0 0 0 0 ~ ~ 0 ~ 0 0 0 ~ 0 ~ ~ ~ 0 0 0 0 0 ~ ~ ~ ~ 0 ~ 0 ~ ~ ~ ~ ~ ' o ~ ~ ~ ~ ~ ~ ~ o I Z " 0 ~ w gz z z ~ > wO 0 0 ~ W ~ ~ ~ 0 0 ~1 ~ ZTM ~ ~D ~ ~ ~ ~ ~ ~: ~ ~~ ~> ~ o o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 Zi ~Z Z~ Z ZZ Z Z Z Z ~ J ~ ~Z ~ 0 0 ~ o o ~o. !0 BEC 1 1 2001 !' $13,090,000 Collier County Water-Sewer District (Florida) Water and Sewer Revenue Bonds Series 1992 Due: July I. as sho~n belo~~ Dated: July 1. 1992 Thc Water and Se,,,cr Revenue Bonds. Series 1992 (thc "Scfics 1992 Bonds") arc being issued by thc Collier County Water-Sewer District {thc "District") as full)' rcgistcrcd bonds in thc name of Ccdc & Co.. as Bondholdcr and securities depository nominee of Thc Depository Trust [ndtvidual urchascs will bc made in book-cntff form only through Dircct Paniclpants (defined CompanY. Nc,,' York. Nc'*' York {"DFC')... ', P ........ .4,, shown on this cover page. [merest on thc Scrins .1992 .B. onds u hcrcin~ in denominations cq_u_al to thc p. p , , ,.. , __a ~-nua"" I thereafter ?avmcnts of principal of prcm~um ti any pay blc on Janua~ I 1993. and scm~annually on caen .~u~y i ,m~ ~- .., · , , ' ', ' and interest on th~ Scrics 1992 Bonds will bc made to purchasers by Dircct pamcipants (Sec "BOOK-ENTRY-ONLY SYSTEM" herein). Thc Citizens and Southcm National Bank of Florida. Fort Laudcrdalc. Florida. will sclc as Paying Agent and RcgiStr~r for thc Series 1992 Bonds. Thc Scrlcs 1992 Bonds arc subject to optional ~nd mandatory rcdcmpdon prior to thcir stated maturities as dcscribcd herein. This cover page contains ini'ormaLiOn for quick rcfcrcncc only. It is not a summary of thc issue. In,.cstors must read the entire Official Statement to obtain information essential to thc making or an informed investment decision. the Pclican B~I,' Scn,'iccs Division (thc "PBSD") of Collier County' (thc "County"). as described herein (,) making po thc Scrics 1992 Bonds Thc Scr~cs 1992 Bonds are being issued as Additional Bonds (as defined in Accoun~ and (i,,)p~,,n~ ,c~.;:n.:7:'~5;;7_~7. Lgate princ'p~' amouni o.tsta~d,ng of the ~,stri,t's war, ,~.Se~.erae.~e%~°.%'il~;t~;,',.! the Resolution) on a panty ~Ln~n · ' n '-'_~. ~e'~4 c:.,4,~ 195'~ and lhc District's x,t,'atcr and Se,*er Revenue tsonos. :~cnes ~. .~. - ~--.-'-.'. ~ and Se~-cr v. cvcnue rruj:,-~ ..... July 30. 198S. as restated. · 'Prior District Bonds") all issued bl,' tho District pursuant to the provisions o1' Rcsolutlon No. CWS-85-5 adopted amended and supplemented {collectively. the "Rcsolutlon"). The Series 1c792 Bonds ~re ~cured by · pledl:e oL ~nd · p~rita" first lien on, the Pledged Funds (~s defined in the Resolution), ts pro~ided in the Resolution. Sec "SECURITY FOR TI4E SERIES 1~92 BONDS." The Series 19'92 Bonds s~sll not be deemed to constitute n ~'eneml obligttion or .... . ount, the St,tn of Florida or ,ny politlc·l subd,Hston thereof ,*',th.,.n th.e me.~m,n.g o! e r ,tio~Y; Uolders of ibc Seric~ 199l Bonds ~.hil,I ,~.¢.~? bs,.e.,the,...n.i.h ~r rcqui~ or compel the c~ercl~ Of ·ny ts~ng power oi tan L./I&LI ILl, r*~ ~,..j --- ~ . of the Series 19'92 Bonds- The Series 1992 Bonds ~nd the oblil~tions e~idenced thereby do not constitute a llen upon ~ny property of the District. the Coun~ or the State of Floridt. but sb~ll constitute · parity first lien only on., ~nd pay·bin solely from, the Pledged Funds. nn¢ a of and interest on the Series 1992 ~aonds will bc insured by ~ municipal bond insurance policy to bc issued by The payment of the p Lp . .~. . , ..... - , ...... si~ ~ith the ddiveG' of' thc Series 1992 Bonds. For a discussion of thc ~F~tma~c~:'n~d~P7~.~rts%,~s~?;uacn~P~r~.p~nnc~u~inr~gnthnt~t~rannst~cr~`~u~:~¥~U~q~C~PAL BOND INSURANCE hcn:,n ~ Financial Ouaranly lnstu'ance In thc op[nion or Bond Counsd. under exisdn§ statutes, regulations, rulings and court decisions ~nd assuming compliance with thc t~ covcnam described herein, inSert:st on thc Series I992 Bonds is excluded I'mm gross income for Federal income ta~ purposes, and is not a specific preference item for purposes of thc Federal alternative minimum ta~. Such interest wii! bc includable in the calculation of a corporation's ahcrnatlvc minimum ta~ablc income. Sec. however. "TAX E×EMPTION" hcrcln regarding ccalin other ta~ consldcrltions. Bond Counsol is of the opinion that insert:st on thc Series 1992 Bonds is c~cmpt from taxation under c~isting t~*.'s of thc State of Florida. ¢~ccpt as to estate sa:scs and ~:tcs imposed by Chapter 2~0. Flor';da Statutes. on interest, income or profits on debt obligations owned by corporations, banks and savings ~ssociations. Sec -TAX EXEMPTION" herein. AMOUNTS, MATURITIES. INTEREST RATES AND PRICES OR YIELDS :$10.140.000 Seri·l Bonds ................ Price Price Interest or Interest or Amount Maturity R~te Yield Amount Maturity R-tn Yiel.~ $600.000 1993 ~.20 % 100% $'1 ? S.000 2000 5.50% S.SS% 595.000 1994 4.20 100 $ I S.000 2001 Sit0 620.000 199S 4.50 100 860.000 2002 S.$0 645.000 1996 4.75 100 9 lO.000 2003 5.90 6g0.000 199 ? 4.90 4.9 S 965.000 2004 $.90 S.9S ?05.000 1998 S.20 100 600.000 200 S 6.10 100 ';40.000 1999 5.3'1S S.40 630.000 2006 6.1S I $2.9S0,00~ 6..~?S% Term Bonds due Jul)' !, 2010 -- Price 100% (Accrued interest to I~ added) The Series 1992 Bonds are offered, in full book-onto'form. ~'he& as and if hsued bt' the District and recei*~ed b.r the Under'filers. subject to ' approval as ~o their legality by ~a~r$. Giblin ~ Nickerson. P~. Tampa. Florida. ~ond Counsel. Certain leEal nra,e~ will & ~ssed o~ for o,,,.,,, ,,,. o,,,.,,,. ,,,, ..,, ,,,,, /o. Unde~'ri~ers by .~nl. ~iller and Olive. P~. Tallahassee. Florida. Raymond James ~ Ass~lates. Inc. Raton. Florida is aceing as Financial Advisor Io the Couney ~nd ehe District. h is ex'~ceed ~hat seulemene for Series 1~2 Bonds ~'ill ~cur in Ne~' Yor~ Ne~' Yor&. on or a~ut ~uly I~. Smith Barney, Harris Upham & Co. Incorporated June .10, 1992 Alex. Brown & Son Incorporated DEC 1 1 2001 r" ~r-'I , '~ ~.11'~ NEW IssUE-FULL BOOK ENTRY [' N~_CE.i\,EE ~,,~o 2 ? i~ po/~/).¢ Collier County Water-Sewer District (Florida) $24,225,000 '"' Taxable Water and Sewer Refunding Ro'enue Bonds, Series 1994A $40,320,000 Water and Sewer Refunding Revenue Bonds, Series 1994B Dated: January 15. 1994 Due: July 1, as shown on the Inside Cover Page Thc Taxable Water and gev. er Refunding Revenue Bonds. Series 1994A (the "Sones 1994A Bonds") and the Water and Sewer Refunding Revenue Bonds. Scrics 1994B (thc "Series 1994B Bonds") (the Series 1994A Bonds and thc Series 199.1B Bonds being collectively referred to as the "Series 199-1 Bonds"l arc being issued by thc Collicr County Watcr-Scwcr District (thc "District") as fully registered bonds and initially will be registered in thc name of Cede & Co.. as nomlncc of Thc Depository Trust Company. New York. Ncw York ("DTC"). lndb.'idual purchases ~.'ill be made in book-entry form only in dcnominations of $S.OO0 and integral multiples thcrcof. Purchascr~ of the Series 199-1 Bonds ~. ill not reccivc physical dclivcry of certificates. Transfers of ownership interest in thc Series 199-1 Bonds will be effected by DTC book'cntr2:' system as dcscribed hcrein. Interest on thc Series 1994 Bonds is payablc on Jut),' [. 1994 and semiannually on each January I and July I thcrcartcr. Principal of. premium, if any. and interest on thc Series 1994 Bonds ~411 be payable by First Union National Bank of Florida. Miami. Florida. as Paying Agent and Bond Registrar. The Series 1994 Bonds are subject to optional and mandatory redemption prior to their stated maturities as described herein. This covet page contains information for quick reference only and is not a summary of this issue, ln..estor~ must read thc entire Official Statement to obtain information essential to Ih-' making of a~ informed investment decision. The Series 1994 Bonds are being issued (i) to advance refund all of lbo District's Water and Sewer Rev'cone Bonds. Series 1985 (the "Series 1985 Bonds"). all of the District's Water and Sewer Revenue Project Bond. Seres 198'/ (the "Series 198"/ Bond"). and a portion of thc District's Water and Sec.'er Revenue Bonds. Series 1991 (the "Series 199l Bonds")'(collectively. the "Refunded Bonds"). ~d (ii) to pay certain costs of issuance of the Series t99~. Bonds. The Series 1994 Bonds are being issued as Additional Bonds (as defined in the Resolution) on a parity ~'ith that portion of the Sefici 199I Bonds which is not refunded in connection ~th the issuance of thc Series 1994 Bonds and thc Dist~ct's Water and Sewer Revenue Bon~. Series 1992 (collectively. the "Prior District Bonds"). ~1 i~ucd by the Distficl punuant Io the provisions of Resolution No. CWS-85-S adopted on July 30. 19SS. as rcs~ated, amended and supplemented (~ll~tivdy. thc "Re,Julian"). The Series 1~4 Bonds ~re ~u~d by · pl~ge of. tod · p~fi~ tint lien on. ~he Pledg~ Funds (~s ~efined in the Resolution). ~s prodd~ in lhe Resolution. S~ "SECURITY FOR ~E SERI~ I~4 BONDS." The ~fies 1~4 Bonds shMI no~ be d~m~ to constitute · genii obligation or pledge of ~he faith ~nd credit of the Distdc~ Collier Count. the Store of ~ofid~ or toy politi~l subdivision of Iht genre of Flofid~ for t~ p~ent of Iht Series 1~4 Bonds. The ~des 1~4 Bonds ~nd the obligttions e*iden~d the~by do not constitute ~ lien upon soy pro~y of the Disi~ct. Collier Coun% or the State of ~o~d~. bu~ shMl ~nstitute · p~fity fi~t lien only on. ~nd pny~ble solely f~ the ~ Fund~ Th: payment of the p~ncipal of and interest on the Series 199~ Bonds ~511 ~ insured b)' a municipal ~nd insumn~ ~lic)' Ia ~ issued by Financial Guaranty Insurance Company ("Financifl Gun,ney") simultaneously ~Sth the dcli~e~ of thc Series ~994 Bonds. For a di~ussion of the t:~ and provisions of such ~licy. including thc limitations the~of, see "MUNICIPAL BOND INSU~&NCE" hz~in. F'm~.ncial Cunco-ney [nsurahc¢ Company FGIC is ~ re~islcre4 ~r~iee m~rk u~.~l by Fba~nciM O~Lra,ty t,s~raaoe Comp,,y under lic~n~ from its p~trenl comp~,y. FGIC CorporafioL In thc opinion of Bond Counsel. under ex2sting statutes, reg'~lation.~ rulings_and court d¢cision~ and a~suming compliance ~th the tax covenants described herein, inlerest on the Seres 1994B Bonds is excludable from gross income for Fcderal income tax purposes, and is not an item of lax preference for purposes of the Federal alternative minimum tax imposed on individuals ~nd corporations. Such interest, however, will be includable in the calculation of a corporation's alternatiYe minimum taxable income. See "TAX EXEMPTION -- SERIES 1994B BONDS" herein regarding certain other tax considerations. Bond Counsel ~I$o is of tho opinion that interest on the Series 1994A Bonds and the Seres 1994B Bonds is exempt from tax~tion under existing laws of the Stale of Florida. except as to estate t~cs and taxes impo~ed by Chapter 220. Florida Stalutcs. on interest, income or profits on debt obligations owned by corporations, bunko and savings as~ocintions, lntcrcsl on the Series 1994A Bonds. however, will be included ~dthin thc gro~s income of the holdcn thereof for purposes of Federal income taxation. The Series 199~ Bonds are offered, when. os. and if issued by the District and accepted b), the Underwriters. subject to the approval as to their legality b)' ,X'obors. Giblin & Nickerson. P.A.. Tampa. Florida. Bond Counsel. Certain legal matters ~'ill be passed on for the District b)' Kenneth 8. Cuyler. Esquire. Naples. Florida. Attorney to the District. Certain legal matters will be passed upon for the Underwriters by their counsel. Corhon. Fields. Word. Emmanuel. Smith & Cutler. P.A~ Tampa. Florida. Raymond James & Associates. Inc~ Boca Rotan. Florida is acting as Financial Advisor ~o Collier Count)' and the District. It is expected that the Series 1994 Bond$ x'ill be available for delivery to the under,'citers in IVew York. New York. on or about February 16. 1994. Alex. Brown & Sons Incorporated Januu~ 25. 199-I Smith Barney Shearson Inc. William R. Hough & Co. AGEND.~ ITEM DEC 1 1 2001 New Issue --Full Book-Enti'y r emsQn Statutes regulations rulings and court decisions and subject to the conditions may.oe su~_?~'o.°~,.Zn° Bands a~d the i~come thereon are e×empt ~om ~ presen~ ,n,~,,~ ~ pursuant to Chapter 199, Florida Statutes. COLLIER COUNTY WATER-SEWER DIST~CT (FLO~DA) $6,605,000 Water and Sewer Refunding Revenue Bonds, Series 1999A $22,855,000 Water and Sewer Refunding Revenue Bonds, Series 1999B Series 1999A Bonds Dated Date: ]anua~ 1, 1999 Due: luly 1, as shown on ~e ~side cover pa~e Series 199gA Bonds Delive~ Date: I~ua~ 21, 1999 Series 1999B Bonds Dated Date: April 1, 1999 Series 1999B Bonds Delayed De~ve~ Date: April 6, 1999 ' venue Bonds Series t999A (~e "Series lg99A Bon~") and the Water and Sewer Refundin~ The Water and Sewer Refund~na Re ' ,, · · s the "Refundin Bonds") are being Revenue Bonds, Series 1999B [~e "Series 19~9B ~onds, and together wz~ the Serms 1999A Bond , g . · ....... as full re 'stored bonds and inifia~y will be re~stered in the name . , e Collier County Water Sewer D~st~ct ~e D~stmct ) __ Y ~ ,' ~"~ Indiviaual ourchases will be made in issued b) tho as nominee of The Depository trust Company, New.Yy~k, New York ( D-~ ~ ~e Refun~ng Beads will not receive ~f Ct~e & C;orm onl in denominations of $5,000 an~ ,Vtegral ~ul.pl~s ~er?f. ~r~:~; effected bv DTC's book-entry system as oo~.en~ :vet of ~e~ficates. Transfers of o~:er~h:p :nterest m ~e R~Ln~;~,,:Z]~;7 o~ each :a:ua~: and lulv f th~reafte:. phy~:~al de rei~. Interest cn the Refunding Bonds :s?ay~ble on July :, 1~ ~ ....... ~:~-{:~ National Ba~, ackso:ville, Florida, ~:~;~:~:~premium, if any, and interest on the Re:un~ng Bon~ will be payable bYF'rs---°n ' J as Paying Agent and Bond Re~strar. The Series :9ggA ~onds are not subject to redemption prior to their stated maturities. The Series lgggB Bon~ are subject to optional redemption prior to thei: stated maturities as ~escribed herein. This cover page contains i~ormation for quick reference only and is not a summary of this issue. ~vestors must read the entire O~ciat Statement to obtain info~afion essential to the making of an i~ormed investment decision. ued to ether with ce~n other legally available funds of ~e District. to (i) refund certain The Series lgggA ~onds aye ~,ng,:~s. ' ~ ........... Bonds Series :gg2 and (ii~ pay certain cos~ of :s~u~c~ ~:. of ~e District's currently ~utstan~m8 ~ yet ~n~ ~ew~ ~ ...... . :n tssued, to ether :~th ceftin other legally available ~:ds of Refunmno Banal, The p~r?~, 199gB Bon~..~ff_~f,_~ x~r ...... ~ qower Revenue Bonds, Ser~es 1991, and ~h) p~y ?,t~n costs.?f [i] refund. ~11 ~ ~e p~s~ct s, c~?~ly, uu~?ta%~j[E~,.~i~ed ~ Ad~tional Bonds {as defined in ~e Resolu~on~ on a p~r~ty . lunQin ~onas. the ~etunamg ao,u~ ~,~ o~, s Ilo ' ~ssuance o~ t~e ~ outsta~n Water and Sewer Revenue Bonds. Series 1992 which roman o~¥~a~ng ~Ose~~e~3~ wi~ the D~strict' g · ties 1994A ann vx a~er ann ~ . Series 199gA Bond5 Tax~bl~ Water.and ~weK~~e~~;~'ffff the Dis~ilt nursuant to ae provisions of Resolutmn · conecdvelv, [ne "~rlor Uts[rlct Donu~ ], ~ ~o~ ~ r ,, . ,, ON P~Y ~ EQU~ STATUS W~H THE P~OR DIST~CT BONDS, ~ ~FU~G BON~S ~E SE~D BY A p~E OF.~ ~EN ON T~P~DGED FUN~S (~ DEFIED ~ ~E ~SOL~ON], AS PRO~ED ~ T~ RESOL~ION. SEE "SECU~ FOR T~ ~~G BONDS" ~. T~ ~~G BO~S S~ NOT BE DEE~D TO CONS~T~E A G~ OB~GA~ON OR PLEDGE OF T~ F~ A~ ~EDIT OF T~ DISTRI~, COL~ CO~, T~ STATE OF ~A OR ~ PO~I~ S~D~SION OF T~ STATE OF ~OR~A FOR THE PAYN~ OF ~ ~~G T~ ~F~G BONDS ~D ~ OBLIGA~ONS E~DEN~D ~Y DO NOT CONS~TE A I.~N ~ON ~ PROPER~ OF T~ DIS~, COL~ CO~ OR T~ STATE OF ~O~A, B~ S~ CONS~T~E A ~N O~Y ON, ~D PAY~LE SO~LY ~OM, T~ P~ED ~S. ' rest on the Se~es lgggA Bonds will be ~sured by a municip~ bond insur~ce policy to a ment of ~e rincipal of and tnte · ggA T e a ment of ~e . The y. . P m an simultaneousl ~e deliver of the Series lg . Bon~.. h p . . be ,ssued g Fzn~mal Gu~anty~s?a~ce Co 2~ f.. . ' i ~ ~ond insurance pon~ to be ,ssued · · ' t on ~e ~enes ~999B Bo~d~ ~]~ be ~ure~ b a mumc · · ms an~ rov~szo~ ~u~ . y .... a' - .u- HmH~fia~ thereof see "~NI~ BOND ~sugA~ hereto. o[ such po~mes, lncl~ m~ FGIC. Comply FGIC B a m~temd se~ce ~k ~ed by Fi~ndal Guaran~ ~ ~m~y, a private ~mp~y not ~ated ~ ~y U.S. ~tement agenq. · 'ssued b the District and accepted by the Underwriters subject to the approve! as TheRe ndin Bondsareo eredwhen, as, and~f~ Y-~ ........... '---' matters'will be .assed on for the · - .~.~. ,~-e.~i,, ;.,,g~,.~,~.~ Cib~en 8' Nickerson P.A., Tampa, rioriaa, ~ona t, ou, nset; ~er).un, ~.~,, ........ t~Y,~e Underwriters ~E~'~ ~%~,~d~ '~V~e]~' ~a, Naples Florida, Attorney to the District. ~Ce~ain ?_g~ ma.t,ters, _w~?_e_?~a~s~:~.o'.,~'f'F~'~anciaI Advisor ....... :-' ..... · -' - 'v' A Tam a Florida William n hOUgh ~' t.o ~ap~es rtuau~ ~ ..... ~ that the by their counsel, Bryant. M~ller and ali e, P ., P , · ' · " ' - .... 1999 and ected that the Series 1999A Bonds ~/ll be available for dehvery on or aaout ;anuary z~, _ _ to the D/strict. It is exp .......... ~ ..... e~o "DELAYED DEL/VERY RISKS" here/n. ' ~ ' ' ' ' ' s Inc SalomonS Raymond James & Associate , · ~ DEC 1 1 2001 Dated: January 8, 1999 APPENDIX C - USER CHARGE SYSTEM D~(~ 1 1 2001 ORDIN~CE NO. 91- 69 o SEWER USE ORDINANCE ~ DP~DINANCE REGtrLATING THE USE OF PUBLICLY OWNE~ ~ ~ STEWATER FACILITIES AND PRIVATE SEWERS AN~ -~ ~ RAINS; PROVIDING A pURPOSE; PROVIDIN~ '~ DEFINITIONS; PROVIDING ABBREVIATIONS; PROVIDIN~ ~ SUPPL~iMENTAL SERVICE CHARGE; PROVIDING RULES AN~ -- REGULATIONS; PROVIDING FOR MONITORING A~D INSPECTION OF FACILITIES; PROVIDING FOR VIOLATIONS; PROVIDING FOR CONFIDENTIALITY OF INFORk4ATION; PROVIDING FOR SERVICE CHARGES ~d~D FEES; ~ROVIDING FOR CONFLICT, SEVEPJ%BILITY, A~D EFFECTIVE DATE "" BE IT O9/)AINED AND ENACTED BY THE BOA}~D OF COLLIE?. COUNTY · CO.U2{ISSIONERS OF COLLIER COUNTY, FLORIDA, EX-OFFICIO T~E GOVEPd~ING BOAP~ OF ~.E COLLIER COUNTY WATER-SEWER DISTRICT, that: ~ECTION ONE - pUrPOSE ?~.:.... 1 · 1 This ordinance set~ forth uniform requirements for i.! direct and indirect contributors into the 'wastewater collection and ' '' treatme~,t system for Collier County Water-Sewer District and enables !¢~..'. 7~.' : Collier County Water-Sewer District to comply with all applicable .3.:' State and Federal let's required by the Clean water Act of 1977 a'nd '~i.~ . the'General Pretreatnen~ Regulations (40 CFR Part 403). ,... 1.2 The objectives of this ordinance are: .~.~. 1.2.1 TO prevent the introduction of pollutants into the '~;"i~:; County wastewater systez ~hich .will interfere with the operation of ' ' the system or contaminate the resulting sludge; ..~L' 1.2.2 To prevent the introduction of pollutants into the ':..'.'-- ~ounty ~a~s~eWater system which will "~ss through the system, :. inadequately treated, ~nto receiving waters or the atmosphere or ~?" · oth~rwise be incompatible with the system; " 1.2.3 To improve the opportunity to recycle and reclaim ,"" wastswaters and sludges from the system; and c.: ..:.. 1.2.4 To provide for equitable distribution o~ the cost of the ?..':~ County wastewater system. 1.3 ~is'ordina~ce provides for the regulation of. direct and indirect contributors to the municipal wastewater system through the · issuance, of pez~:its to certain non-domestic users and thr.ough enforcement activities., ' requires user reporting, assures that 0'45,, I08' -1- ORDINANCE NO. 2000- 3 4 AN ORDINA3qCE OF COLLIER COUNTY, FLORIDA, A2VIEIq'DI]qG SUBPARAGRAPHS 3.2.A.1. and 3.2.A.2. OF COLLIER COUNTY ORDINANCE NO. 97-4g, TO REVISE THE RATES, FEES .AND CHARGES WITHIN THE COLLIER COLq'4TY WATER-SEWER DISTRICT, ALSO AMENDING SUBPARAGRAPH 3.3.D. REGARDING EFFLUENT IRRIGATION USAGE CHARGES; PROVIDING FOP,. CONFLICT AND SEVEKABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING AN EFFECTIVE DATE. THE NEW RATES: SUBPAtLAGRPHS 3.2.A.1. and 3.2.A.2. ~,Vater (a) Service AvaihbUity Charge for Individually Metered Residential, Non-Residential, Multi-Family Residential and Irrigation: 5/8 and SA inch meter $ 12.00 per month 1 inch meter $ 24.00 permonth 1 ~A inch meter $ 36.00 per month 1 ¼ inch meter $ 44.00 per month 2 inchmeter $ 69.00 per month 3 inch meter $ 134.00 per month 4 inch meter $ 207.00 per month 6 inch meter 5; 411.00 per month 8 inch meter 5; 737.00 per month 10 inch meter 5;1,200.00 per.month 12 inch meter $1,700.00 per month and Multi-Fa-.~,'~ F-ct $1~ 5;2.25 (b) Volume Charge Per 1,000 Gallons: (i) Individually Metered Residential, Non-Residential, Residential (no separate meter for irrigation): Base Usage Amount Usage greater than Base Usage Amount Usage greater than 2 times the Base Usage Amount Base Usage Threshold (per month): Meter Size 518 and ~ inch meter___ 1 bchmeter ': '- 1 ¼ inch meter 1 V~ inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 in.ch meter 10 ir~ch meter 12 inch meter Base Usage 10,000 gallons 25,000-gallons 40,000 gallons 50,000 gallons 80,000 gallons 160,000 gallons 250,000 gallons 500,000 gallons 900,000 gallons 1,450,000 gallons- 2,150,000 gallons Two times Base Usage 20,000 gallons 50,000 gallm~s 80,000 gallons 100,000 gallons 160,000 gallons 320,000 gallons 500,000 gallons 1,000,000 gallons 1,800,000 gallons 2,900,000 gallons 4,300,000 gallons (ii) Residential or Non-Residential Irrigation (separately metered): All usage $2.03 Service Availability Charge for Individually Metered Residential. Non-Residential. and Multi-Family Residential: 5/8 and V, inch meter $ 17.00 per month inchmeter 5 35.00 per month V, inch meter $ 53.00 per month V~ inch meter 5 65.00 per month inch meter $ 101.00permonth inch meter $ 197.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 permonth 8 inch meter $1,087.00 per month 10 inch meter 51,750.00 per month 12 inch meter 52,600.00 per month (b) Volume Charge Per 1,000 Gallons: 51.94 (i) Metered Usage · · (ii) IndMdually Metered Residential Maximum: The maximum volumetric charge for individually metered residential property shall be 10,000 gallons per month. SUBPAILNGRAPH 3.3.D. - EFFLUENT IR_R. IGATION USAGE CHARGE OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEW'ER DISTRICT, A.ND THE GOODLAND WATER DISTRICT: 1. Effluent irrigation usage in each Dis~ct shall be at the following schedule: (a) Service Availability charge: (i) IndMduatly Metered In-igation: 5/8 and %. inch meter 5 4.35 per month 5 10.90 per month 1 inch meter l V2 inch meter 5 21.75 per month $ 43.50 per month 2 inch meter 5 87.00 per month 3 inch meter 5 174.00 per month 4 inch meter 5 330.00 per montl~ 6 inch meter $ 600.00 per month 8 inch meter $ 960.00 per month 10 inch meter 12 inch meter $l,430.00 per month · ~qtEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- Officio Govenfing Board of the Collier County Water-Sewer District; and. WHEREAS, staff, following recommendations in the Ap.ill 2000, Rate Review, has recommended to the Board that specified water and sewer monthly rates, fees, and charges be decreased and simplified as to eliminate the three distinct rate formats for residential, multi-family and commercial classes and replace it with one rate format for all custo_mer~; and has recommended meter sizes up to 12 inch meter~ for all service availability charges; and WHEREAS, the Board agrees with and affirms the Rate Study and staff's recommendations- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO TIlE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE MARCO WATER AND SEWER DISTRICT, AND THE GOODLAND Ii'-- ^ccno~, ~X~n [.o. DISTRICT that: ' E Underlined text is added, ~ text is d~leted I D c ]] 2onl 2 SECTION ON'E. A. hfENDMENTS TO SUBSECTIONS 3.2~,..1. AND 3.2.A.2. OF SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 97-48. Subsection 3.2.AA. (a)(i) & (ii), and Co)(i),(ii) & (iii); and 3.2.A.2. (a)(i) & (ii), and Co)(i) & (ii), all in Section THREE of Ordinance No. 97-48, are hereby amended to read as follows: 3.2. Monthly Rates, Fees and Charges. A. Monthly user fees for the Collier County Water-Sewer District. Residential and non-residential properties within the boundaries of the Collier County Water-Sewer Dis~ct shall pay the following rates, fees and charges for service provided by the Collier County Water-Sewer Districts: 1. Water (a) Service Availability Charge for Individually Metered Residential, Non- Residential, Multi-Family Residential and Irrigation: ([) Indb,44u~t4y L{etc-~cd Rczidentic2, Non Rz.~i~cntia~ 5/8 and V~ inch meter $ 12.00 per month 1 inch meter $ 24.00 permonth 1% inch meter $ 36.00 per month 1 V2 inch meter $ 44.00 per month 2 inch meter $ 69.00per month 3 inch meter $ 134.00 permonth 4 inch m:ter $ 207.00 per month 6 inch meter $ 411.00 per month 8 inch meter $ 737.00 per month 10 inch meter $1,200.00 per month 12 inch meter $1,700.00 per month ~.,vcll[ng Ur2t Volme ~ge Per 1,000 Gallo~: ~ ~dMduall7 Met~ R~idmtial~ Non-R~idenfid~ ~d Multi -Frail7 R~idmfial ( no sepmtc met~ for iffigation): ~ B~eUsage ~omt ~ $1.~ ~-+ ~-~- $2.05 Usage ~ter ~ the B~e Usage ~o~t $1.80 Usage ~eater ~ 2 tim~ ~e B~o Um~e ~o~t $2.25 Underlined text is added, e,-.-~, o~. .....~- ,,,¥t iq d~leted 3 Nan .~si4~at~q~at-91~ Base Usage Threshold {per month): Meter Size B---'~e Usage_ Two times Base Usage 5/8 and 3/, inch meter 10,000 gallons 20,000 gallons I inch meter 25,000 gallons 50,000 gallons. I ¼ inch meter 40,000 gallons 80,000 gallon~s 1 ¼ inch meter 50,000 gallons 100,000 gallon_s 2 inch meter 80,000 gallons 160,000 gallon_s 3 inch meter 160,000 gallons 320,000 gallon_s 4 inch meter 250,000 gallons 500,000 gallon_s 6 inch meter 500,000 gallons 1)000,000 gallons_ g inch meter 900,000 gallons 1,~00,000 gallon_s 10 inch meter 1 ~450,000 [~allon_s ~1900,000 gallons 12 inch mete~ _~,150,000 gallon, s_ 4,300,000 gallons (ii) Residential or Non-Residential Irrigation (separately metered): g-2-:0-5 $2.03 All usage S ewer (a) Sec'ice Availability Charge _for Individually Metered Residential, Non- Residential, and Multi-Family Residential: 5/8 and ~A inch meter $ 17.00 per month 1 inch meter 1% inch meter 1 ¼ inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter l 0 inch meter ~2 inch meteor $ 35.00 per month $ 53.00 per month $ 65.00 per month S 101.00 per month $ 197.00 per month $ 305.00per monIh $ 606.00 per month S1,087.00 per month $1,750.00 per mon~ ~2,600.00 per month SECTION TWO. ~St7.00 per mo,wth Co) Volume Charge Per 1,000 Gallons: (i) Metered Usage $!..96 $1.94_ (ii) Individually Metered Residential M~.ximum: The maximum ¢olumetric charge fo~ individually meter~ residential property shall be 10,000 gallons_ per month, dv,'eELng .'~...2t. AMENDMENTS TO SUBSECTION 3.3.D. IN SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 97-48. Subsection 3.3.D.(a)(i), in Section THREE of Ordinance No. 97-48, is hereby amended to 'read as follows: Section 3.3. District Rates, Fccs and Charges other than Monthly User Fees. D. Effluent irrigation usage in each District shall be at the following schedule: Underlined text is added, ~ text is d~leted 4 (a) Service Availability charge; (i) Individually Metered Irrigation: 5/8 and ¼ inch meter $ 4.35 per month I inch meter $ 10.90 per month 1 V2 inch meter $ 21.75 per month 2 inchmeter $ 43.50 per month 3 inch meter $ 87.00 per month 4 inch meter $ 174.00 permonth 6 inch meter $ 330.00 per month 8 inch meter $ 600.00 per month 10 inch meter $ 960.00 per month 12 inch meter $1,430.00 per month SECTION THREE. CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of tiffs Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. Sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "m'ticle", or any other appropriate word. SECTION FlarE. EFFECTIVE DATE. This Ordinance shall become effective July 1, 2000, upon being filed '~4th the Department of State. PASSED AND DULY adopted by the Board:of County Commissioners this ,2000. day of BOARD OF COUNTY COMMISSIONERS ~;7%': -' ATTEST: DWIGHT E. BROCK, CLERK ,,..'"' · '.-L:;.'.," " --"' .. '. ,,. ,.<...:..-~.... '> ,... Secretory of_State's Offic~e ~,~e ~ ~ ~ ~ o.~ow~~,~, . ~-...,:,-.~ .. ~oma C. Palmer . · ...... ~s~st~t ~un~ A~omey ' ~ '; '. 'lr." i , ~.' .H ~ '/~ Und~l~ text is ~d~ s ',,.,,,,,.-~.::{,."~-c t t zuu1 ....... t' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINkNCE NO. 2000-34 which was adopted by the Board of County Commissioners on the 9th day of May, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of .unty Commissioners of Collier County, Florida, this !0th day of HaY, 2000. By: KaYen Sc~ocn, ",~..'J.'.-'~.f] .' .... Deputy C~erk .................. DEC 1 12001' Ordinance No. 2001- 13 .... INDEX Article I - General 74-100. Repeal of Ordinance 74-101. 74-102. 74-103. 74-104. 74-105. 74-106. 74-107. 74-108. Short Title Authority Applicability. Findings Purpose Adoption of Impact Fee Studies Rules of Construction General Definitions Article II - Impact Fees 74-201. 74-202. 74-203. 74-204. 74-205. Imposition of Impact Fees Payment Use of Funds Alternate Fee Calculations Developer Contribution Credit .A~rticte III - Special Requirements for Specific Types of Impact Fees 74-301. Overview of Special Requirements 74-302. Special Requirements for Road Impact Fee 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee 74-304. Special Requirements for Parks and Recreation Lmpact Fee 74-305. Special Requirements for Library Impact Fee. 74-306. Special Requirements for Emergency Medical Services Impact Fee 74-307. Sp.ecial Requirements for Educational Facilities Impact Fee 74-308. Special Requirements for Correctional Impact Fee 74-309. Special Requirements for Fire Impact Fee Article IV - Affordable Housing Impact Fee Waiver or Def. err/~l 74-401. Impact Fee Waiver or Deferral 74-402. Affordable Housing Definitions, Benefit Standards and Limitations. Page 1 2 2 2 2 3 3 4 5 18 21 23 26 28 35 36 39 46 46 47 47 48 48 5O 55 Article V. Miscellaneous Provisions 74-501. Collection of Impact Fees in Default. 56 74-502. Update Requirement. 58 74-503. Incorporation of Administrative Procedures Manual 58 74-504. Declaration of Exclusion fi.om Administrative Procedures Act. 59 COLLIER COUNTY CONSOLIDATED IMPACT FEE OI:{DINANC ORDINANCE NO. 2001 - ]...~3 AN ORDINANCE OF COLLIER COUNTY, FLORIDA; PROVIDING FOR A SHORT TITLE, AUTHORITY, APPLICABILITY, FINDINGS, PURPOSE, ADOPTION OF IMPACT FEE STUDIES, RULES OF CONSTRUCTION AND GENERAL DEFINITIONS; PROVIDING FOR IMPOSITION OF IMPACT FEES, INCLUDING GENERAL REQUIREMENTS, IMPACT FEE RATES, IMPOSITION OF IMPACT FEES BASED ON CHANGES IN SIZE AND USE OF A BUILDING OR DWELEiNG UNIT, EXEMPTIONS FROM iMPACT FEES, PROVIDING GENERALLY FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR · ,o~.-~ T OF CERTAIN AFFORDABLE HOUSING, AND FOR REIMBU ..... ;~IEN DEFERRED OR WAIVED FEES; PROVIDING FOR THE PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR USE OF FUNDS, INCLUDING PROVIDING FOR SEPARATE IMPACT FEE TRUST FUNDS AND THE USE OF IMPACT FEES COLLECTED; PROVIDING FOR ALTERNATIVE IMPACT FEE CALCULATION PROCEDURES; ,.PROVIDING FOR DEVELOPER CONTRIBUTION CREDIT PROCEDURES; PROVIDING FOR SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES, INCLUDING AN OVERVIEW, AND SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE OF FUNDS, AND IMPACT FEE RATES, AND ESTABLISHING OR REAFFIRMING IMPACT FEE DISTRICTS, AS APPLICABLE, FOR: ROAD, WATER AND SEWER, PARKS AND RECREATIONAL, LIBRARY, EMERGENCY MEDICAL SERVICES, EDUCATIONAL, CORRECTIONAL AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR AFFORDABLE HOUSING IMPACT FEE WAIVERS OR DEFERRALS, INCLUDING DEFINITIONS, BENEFIT STANDARDS, AND LIMITATIONS; PROVIDING FOR COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR PERIODLC REVIEW AND UPDATE; PROVIDING FOR INCORPORATION OF, : ADMINISTRATIVE PROCEDURES MANUAL; PROVIDING FOR · DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SCHEDULES & DISTRICT BOUNDARIES; PROVIDING FOR INCLUSION iN THE CODE OF LAWS AND ORDINANCES; PROVIDING -- FOR CONFLICT AND SEVERABII. JTY; PROVIDING FOR REPEAL OF SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE' BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I ' :" GENERAL -- Sections 74-1 through74'99. Reserved. ;"' ' : Section 74-100. Repeal of Ordinances. !T-,. -': On the effective date of this Ordinance the lollowing Collier County Ordln. ances~were repealed and superceded in their entirety: Number 98-69, as amende~, the Co t Re Ional Water and/or Wastewater Systems Impact Fee Ordinance; Ordi~tl~n';° '^G[~ [Te~ -- Coun y g · . 99-39, the Collier County parks No, 88-97, as amended, the Coil,er County L~bra~. System impact Fee Ord. inance; Ordinance No. and Recreational Facilities Impa(it F~eC I 1 21)01 · , ' l APPENDIX D - CONSENT ORDER No. DEC 1 1 2001 Governor Department of ~ ~/~ Environmental Pro ec ion P.O. Box :ZS~~) FoE Myers. Florid~ 33902-~_~47 CE~R.TI¥I:E-D N£A~I::L :NO. 7000 1670 000S 5300 4745 ~&Tr,_ Ly.N m~CE.r~T m~Qtr~$T~D .Tames D. Carter. Ph.D., Chairman Cotiier Count5' Board of County Con,missioners 3301 :E. Tarrfiarai Trail Naples, Florida 34112 A.pdl 5, 2001 David B. Stru~ /57. ~ 1~..~/~-" County_ - DW OGC Case No. 01-0552-11-DW Collier County No,--th Regional FL0141399 Dear Dr. Caner: Enclosed is ibc Consent Ordar to resolve the above referenced case. PI~se sisn this cop), w,d remm i: to the DepaPa'aen; wqthin tiffin .(15) days. If you have an)' questions please cont:~ct K¢ith Ixqeinmann at (941) 332-6975, c~t. lg2. Your cooperation in re,olv/r~g th]s c~e is appreciated. Sincerely, Richard W. Camrell Director of District lvlanagernent RWC/KK/cap Enclosure cc: James Mudd ~0 'd "More Prorecion. Lex~ ~rocess" o · AG£NOA I T ~'~[..,- .-.o., /0 DEC 11 2001 I~d 9~'.g[ Q3M [O-9Z-d3S BEFORE THE STATE OF FLOR~A DEPARTI~CENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DF..PARTMENT OF F_aNWIRONM_ENTAL PROTECTION, Complainant, COLLIER COUNTY BOARD OP COUNTY COMMISSIONERS, Respondent. ) ) ) ) ) ) ) ) ) ) ) IN THE OFFICE OF THE SOUTH DISTRICT OGC FILE NO. 01-0552-i 1-DW CONSEN~i' ORDER SO 'ci This Coasem Order is entered into between the State of Flor/da Dep~cm,xnt of Environmental Proreat[o~l ("Department") a_~ Collier Board of Coun~ Commissioners ("Respondent") to reach settleruent of certain matter~ at issue be~vccn the Department and Respondent. The Deparrmem finds ~nM th.he Respondent adrn_2rs ~e followk~g: 1 ' The Dspartment is th: admi, k~trafive agency of the State of P-'iorida having tbs power and duty to p'romcr Florida's air ~d water r~ources a~ to zd:n;.n_iSter and erfforcc the prov~si0ns of Chapter 403, Ftorid~_ Statutes, and thc roles promulgated there,,mder, Title 62, Flo[ida._A~strg~!~e Code. Department h~¢ jurisdiction OVer the matters r~cl~es.secI i~... this Consem Order. Statutes. .Re.4-pond~nt is a person wiflfin the meaning of Section 403.03i(5), Flor/da 3. Respondent is the ow-act ar~l is reslm~le for the operation of the Collier Coumy North Re~o~ W~t.~ Reclama~on Fa~, m 8-5 m!l!]on ~om ~r ~y ~GD) ~uat average ~y flow (~ ~cdvat~ sludge pro~s w~tewa~ ~mt hc~i~ ("No~ Facili~') wi~ cMo~t~ effiue~ to two Clx, I inj~fioa wells l~¢m~ at ~e ~llier DEC 1 1 2001 Nd 6~:~1 (]~N 10-9~-d~S Cotmty North Water Trc~,~nent Plant. a Regional tleu~ Sysw. m, ~d ~ P~m ~wr C~ wM~ dis~g~ to ~e C~oha~ee ~ver. The loc~M ac La~mde 26° t5' 12" ~, ~i~ 81' 45' Resoondent is also ~ o~cr ~d ~ respo~ibic for ~= ~ratlon of ~e Collier Co~ Sou~ ~ional Water Recl~don FacHi~, '~ 8 MOD ~F w~stcwa~er ~c~ent ~ci~ib' (South Fac~ip') wi~ chlo~t~ e~nt to a regional reuse system ~5 a Cta~s I ~njec~on well. ~ Sou~ Faci~' is lo~ at ~n~mde 81° 43' 30" W, ColIicr Count, Naples. Plofida. 4. ~espondcm vlolat~ ~lori~ A~nbu~v, Cede ~.A.C.) Rule 62~.7~(2)(a) w~ck pro~bks ~ rcleas~ or ~spos~ of excreta, w~waters or domes~c wut:water residu~ts wt~ou~ providbg prier ~e~ ~d F.A.C. · ~c 62-~.410(6) whkb ~ukcs ~t a] facS~d:s ~d cqu~pm:nt n~ for ~e ~e~, rcus:, and distaff of dom~fic wastewaer or d0mcSt~C wast¢wamr r~idusls sh~I1 m~taincd a a m~um, so as to ~cfion ~ ~mnd~. On Ia~ 26, ~d 28, 2001; rcport:d to ~ Dep~ent uhat ove~ows of paPaCy No~h FacHi~ duc to hydr~¢s~ges. 5. Havre reached a resolution of ~e mawr, ~e Depa~ent and ~e Respondent muma!ly agree and it is 6. R~pondem s~It mb~t Fora 62~20.910(I2), Co~cdon for Wa~w~ Facflid~ or Activin s , for ~e 5 MGD exp~sion' to ~e Nor~ 7. Res~Mont s~ ~e t~t at le~t for ~c 5 MGD exp~-qon to ~e No~.Fac~ is a~able for flow ~l~tion By D~b~ 1, 1~1. Re~ndent shall ~t a ~fion of compl~on of co~c~on for.~* aeration -DEC 1 1 20'01 PG. 7.,c~ Nd 6~:~1 '(l;lfl I0-9~-d3~ ~0 'd 8. ;Rc.spondcnt sh,ql ~bmi: an ~pplication for modificar./on of the North. Facility (includLng appropriate fees, if n¢ccss.,,"y) to e. mmr¢ that thc cxp:msion to thc North ~Fa¢ilit3' has ~dequam efflue, nt disposal capacity. This application shall bc submitted w/thh~ s/xt~' (60) d~tys of the dxte of this Consent Order. 9. R.cspond~n: shMl submit an appllcation for modification of ~c No,.-th FaciLi (Lnciuding appropr~stc, f~es, [f n-.cessar>') to kncorpo~tc seconder7 ef'~luem disposal vi~ Class I Lujccdon. wells a~ ~h~ North Coun.w w~ter Tr~tmcrtt Pl?.nr or the Sou~h P*.cility. Th~ application shall include appropr¼ta protocols to ensure that reclaimed water lines axe properly disL~ected. The appEcadon s?~.l! be sub2n2~ecl to the Depa_r~.ent vdthln sLx-'ty (60) days of dar, of this Consent O:der. Any construction necessary she21 be c0rnpl~t~d by December 1, 2001. I0. Respondent sh~ll submit an application for modifi~tion of th~ Not~ Fazi2ity (including appropriate fees, if neces~ar'/) for a temporary int~rccmn~t of fetich'nM wa~ between thc North Ftcilicy and the. $ou~ Facility. Th~ applieadon shall be submiu~d ko Depamucnt ~4thLu sixty (60) days of the crate of this Consent O~de..r. T]~.is sp'pllca~.on ~.nclud¢ provisiop, s for disposal of & ponlon of the North Facility's effluent in rite Class injection well at the South Facilib'. Any consumction n~sazT sh~tl bc compleXlY, by December 1, 200'1. t I. Respondent sh~ submi[ an application for moctifice, tion of the North F;~cil~b' (inclUdiughppzopMate-f~s, if no, ess .a!3z) to inst&ll adequately'designed flow cqual.~tion/surg~ tanks at thc North Faci1~ty within slx~ (60) days of thc dat~ of thi~ Consent O~d~r. 12. Respondent shah complctc thc construction of ~e flow e.,qu~lizadon/surgc tanks referenced above by November 1, 1~. Respondent shall submit a comprchemiw revie, w of thc R~spondcn~'s current collection system aru:l f~.iIity capacities. The review shill incli~d¢ b~ not be 1Lrllited to an analys~s of the Respondcnt's currently altocmted flows, ex.istJ:ng flows ~ud future w~tewater flows. T1~ ~malysis sl~ll be perform.ed using accepted engk2eering principles. 71'~c ..a2,aly$is 90 'd ~d 0S shall be sig~ad and sealed by a pro~.~s~ox~1 ct4in~t r~i~rcd ~ ~c Smt~ of FIo~d~. The ~omprohensNe anMys~ shM1 b~ subbed m ~= Dopmm:cut bx Octob~ 1~ 2001, Rcspond~t shall also sub~t anna1 capaci~' analysis ~cpo~s for bo~ ~c~ifics bcg~g J~Y 1, 2002 ~d l~t~ until J~y i, 2005. 14. Re~ondent shall sub~t ~ application and zppropriam fc,s for an expa~lon of at lgast 10 MGD.A~ual Average D~y Flow (~D~ to the NOF~ Facili~. The expanslen shall be desired based on mmx~um money daily flow ~DF). Tee modification wDt .give · r 30.6 MOD ~F. Tn: application s~l ~ tab,ned to flxe facili~' a~pag~.o~ __~ ~d seMed by a Dep~ment by J~ua~ 16, 2002. ~e application shMl be preoared professlonM eng~er regi~rcd in ~* S~te of Florida. ~ ~: evemt ~e xpplizafion ~complete, ~h~ 30-~ys of re~i~ of a request for ad,lionel ~fo~On to complem appH~fion, Resident shaB e~e ~t ~e i~om~oa is submtRed. 5~tb{ff 30 days of co,teflon of co~ctloa ~ au~°~fl by ~e ~m~ction pe~t, Re~on~t shall sub~t ~: appr~r[au Notffi~on of CompltSon of Cons~fion s[~ed md s~ by ~e proj~t e~,er. !f ~e ~ndent h .~able or ~wi[~ to cons~ct x mo~cafi~ of ~e piant's uea~e~ ~nd d~pos~ ~.stem ~ provtd~ ~ ~ pzra~h, ~e Deo-~ent re~es to seek other relief to require ~e Respondent to ~mply wk~ iu ~es aa~ !5. R~pond~t shx~ ce~' ~ exp~sioa to Ce Nc~ Fac~ky, mferehced p~gmph I4 above, ~mplete ~d place ~e expanded ~iliU' ~to o~rafion by J~' 2005. 16. Re~nden~ shall complew m e~ion of ~e Sou~ F~ to 16 MOD ~nm mo~ flow by Nov~ 1~ 2003. I7. ~es~ s~ e~ure ~ m~fiom to ~e No~ Fac~ ~at ~clud~ ~porar7 co~fi~ to ~e Sou~ Fa,~ 4o mt c[~, violafiom of ~~ Sou~ Fac~i~. ~ ~ eve~ ~t ~e Sou~ F~ is unable to eo~JY wi~ D~c~ due to co~fions rrm Ce No~ Faeili~ ~e D~m sh, ll ~s ~ated ~mlfi~ in acmrdan~ wi~ p~P~ 21, 90 'd l - AG£HI~ IT£/~ DEC 1 1 2001 15. Er:fy calendar quarter after me eff~tiv¢ date of this Cork~ent Order, Respondent shall submk Ln wrifmg to rko Dep~Ca~ant a report conr. Mning information concenaing the stems and progress of ~>rojects being COmpleted under T. his Consent Order, information' as to cor~plia~c~ or noncompliance wide the applicable requirerar, nts of dais Consent Order inr-.luding construction requirements and cffiucnt li~rfirat/ons, and any r:asons for noncompliance. Such rcpor-,~ sh~lI .qlsa include ~. prQection of thc work ro be pxrformed pur~uan~ to this Conscr~ Order during thc following I2 month p:Hod. The repo~cs shall be submin--d to the Department wit_kin thirty (30) days following ~e end of thc quarter. 19. In the e~vent of a sale or conveyance of the facility or of thc proper%' upon which the facilig' is located, if all of the mqukremenu of tkis Consent Ord~ have not been fully satisfied, Respondent sb~I~, at' least 30 days prior to the sale or conveyan~ of the property or hcility, (1) notify the Department of such sale or conveyance, (2) provide th: rmme and ~ddre~ of fnc lmrcha,er, or operator, or per~om~s) ~ control of the fxciliD', and (3) provid, a copy of t_his Consem Order with all amckmenrs to the new owns. The sale er conveyance of thc facility, or the property u-pen which dxe f~ility is ['oczt~ ~hzll not reti~ve uh.e Respondent af C~e. obligations imposed in thLq Conse.rll Ord.. 20: Within th~' 30 days of the effect{ye date of thi-~ Con, cut Respondent shall pxy th~ Dep~Junent $160,000.00 in settlement of the matters addressed in this Corlsent Order. This amount includ~ $190,09'0.00 in civi[ penalries'for of Section' ~0~.i61, lq0rich Statutes, ~nrl of the Depa~tmerW~ rules, $25,000.00 for eeonorrdc ben,fit, and $5000.00 for cost~ and exper,Joe ktcurred by tile D~partxnent during the investigation of thi~ matter and the preparaOon and tracking of this Consent Order. Payment skall be made h'm:cashier's cheek or money order. Tlae ~strument ~hall be made payabl, to the 'Departmem of Errviromen~ Protection" and shall include therecrn tim OGC numar assig-aed to this Consent Order aM il= notation "Eco~7$tem Mamgement and Restoration Trust Fund". Thc Respondezrt, however, may ,feet to ~atisfy' ~e agreed-upon civil p~. alty torrent of $155,000.00 by p.~mrrming in-klnd services in an amount equal to one and one-half LO 'd tlm~s thc civil l:~aalW ~nomat, or $~2,$00.00..~- propn.*,,'d for th~ in-kind s~rvice s~'~ll ~ submiaed to the Department wittfi.a thirty (30) days of entry of this Cansent Order. If the in- Id. nd proposal is not approved by the Secretary of the Department, Responds'mt shall pay th, Department $ !60,000.00 withi_n m'enB' (20) days of b-.ing notifiu-d by ~e Department. If~e irt- kind. proposal/s approved, the R.espo~deat shall pay costs owed to the Department (S 5000.00) witkin twents' (20) days of being notified by the Department. Payment shall be made By cashier's check or money order. The k,.st..mment $1xall be made payable to the "Deparm~ent of Envkon_m=nrM Protcc'.ion" and shall Lnclude tl-.~eon the OGC number assigned to this Co~s:nt Order a.nd the notation "E¢osynem Management and Restoration Trust 2,1. Re~ordeut a~~s to pay the Dcpartmcr~t stipulated pe~ies in the ammmt of Si0,000.00 per day for each and ever)' day R~Dondem fails to tLmely comply w[~ may of the req-airements of para,apb 6,7 a.ad 17 of tics Comem Order- I/.espondent agrees to pay the Departm~t stipulated pemlties in the amou.m of $2500.00 per day for ~ar.b. and e¥¢ry day Respondent feils to timely comply with a,y of Ce requirements of Paragraph 8-12 of tiffs Cogent Order. Respondent ,grees to pay the Department stipulated penalti~ in t_lxe a.mouat of $109.00 par day for each axd ever~; clay Respo. nden: fails to timely comply with my of the reqx -dremants o$ Par-agrap .ks 13-20 of tSis Cogent Order- ~. separate stipulxt:d per~.'.~ shall be assessed for each violation of tlzts Coasent Order. With~ 30 days of written dem~d from the Depz~Lment, Respondent shah m~Lke payment of-the appropf~ate stipuhate~l pemlfies to ~Tlae - D~~-nt of Environmental Protection"--by-ea3;hie'r"-q:¢heck or money order and shall include thereon the OCrC number a-ui~°'aect to this Coment..Order and the notation Mamgemenz arid Restoration Trast Ptmd.' Paymen.t shall be sent to ~e p.~bartment of Environmental Isro~-xi°n, P.O. Box 2549 I:on Myers, Florkla 33902'2549. The Departmemt may mat<e' ctemards for paymeat at ~y ~me after n4olatior~ occur, lSloth_~g ha ~'Paragraph slxall prevent ~e D~artmcnt from filing ~k to ~pecifieally erLi'orce any term~ of tlais Consem Order. p_ny penalties as.~scxl under this paragraph, shall be in addition 'to ~e se~lemem-sum ag. reed to ~ Paragr2ph 20 of ~ Co,eat Order. If the Department i$ requir~ to file a ~0._.~. i t).~ _:_ 'DEC 1 1 2001 ,, ~G.: ,?~ , ~ Nd ~:~I (I31'1 t,O-9~-d3S 80 'cl law.alt ~o rccovcr stipulated pmmltie~ unde~ ~ ~s~ph, ~e Dep~cn~ ~ no~ be for~osed ~om s~ civll pe~16~s for vlola~ons of ~ Co~:nr ~der ~ ~ ~o~ grea~r ~n ~= sdp~ated penalties du~ ~d~ ~i~ P~H. 22, If any event, ~clud~ ad~five or judici~ ~1~ by third pa~i~ u~elared to ~e Respondent, occ~s whi~ causes delay or ~e reasomble l~et~o~ of delay, in complying wi~ ~c requk.menrs of this Com~nt ~der. Re~ondent s~ll have ~e b~den Of proving ~e delay was or wH1 be ~used by circu~unces b~yond ~ reasonable control of the Respondent and could not have b~n or c~no[ be ovdrcome by R~spondent s due diligence. ~ono~c ckc~umnce~ shall not be comidered ck~m~c~ Beyond ~e con~ol Responded, nor s~ll ~e failur~ of a conveyor, mbco~amor, materi~ or other agent (collectively reread to as "conWacror") to whom r~pomibHiU for ~o~ce E delegate. to meet con~acm~ly ~posed d~dI~es be a ~e beyond ~e ~n~ol of R~ondent, ~e ca~e of ~ con. actor's late peffomn~ was Mso beyond ~e con. actor's ~n~ol. Upon oc~ence of ~ 'event cam~ delay, or u~n ~oming awue of a pomnfi~ for delay, R:,pond,nt shn!l nofi~' the Depm~ent orally w[~ 24 ho'~s or by ~ next wor~g day and shall, wi~ seven ~and~ ~ys of orM nofifi~fion ~o ~e Dep~, nofi~ ~e Dep~ent ~ writing of ~e apficip~ted Ien~ ~d ~use of thz delay, ~, measur~ ~en or to b: rak,n to prevent or ~~, ~e d,tay ~d fl~e ~.etable by w~ck R~ondent ~ten~ m ~pl~ent ~ese m~sures. If ~e p~es ~n a~ ~t ~. delay· or ~ficipa~d delay h~ b=en or will be ca~-'by cir~~ beyond ~e r~onable conwol of Re~ndenr, ~e p:ffo~ce hem~d~ s~ll ~ ext~ded for a ~ri~ ~ufl tO ~e ag~ delay re~g tach cimu~c~. Such a~r~ent shall adopt all r~onable m~r~ n~s~ to avoid or ~Bi~ d~hy~' P~e of K~n~m m co~ly ~ ~ noti~ r~r~ of P~aph in a ~ely ~r ,s~ll comfimm a w~v~ of R~ndem's fig~ to rqu~t extension of ~e for compl~ w~ ~ m~mem of ~s ~ment Order. ~. Perm who ~e ~t p~es to ~ Co~ Ord., but wh~e ~ ~e affect~ by ~hi~ CO~ Order, ~ a ri~t, p~mt to S~fions 120.569 ~d 60 '~I AG£NO~, rv£M 'l DEC' 11 2001 NJ GE:gl 03M I0-9~-c13S 120.57, Florida St~.tutes, to petition for mu administrative h~-isg on it. 'l'ha Petition must contain [he [uformation set forth b~low and must be fil~d (receive. d) at thc Depa~m~cnt's Office of G,,~neral Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahmsscc, I=lorida 32399-3000 within 2.1 days of receipt of this notice. .A. copy of th~. Petition must also bc · m~llcd st ~ tim~. of t]liog to thc Disnfict .Office named above at thc ndckess indicated, lZaJlur¢ to fil~ ~ petition ~'ithin th~ 21 du)'s constitutes ~ waiver of .~ny righ: such p~son has to an ~dminlstratl¥a he,ring pursuant to SecQons 120.569 and 120.5'7, i:toridz Statutes. The petition shall cont~hu th~ following LoformsrJon: (z) ih~ nam:, add. ross, znd telephone number of each petition:r; the Dep~--run=nCs Co.,-~ent Ordc? id=,n.ti~cation rr~mbcr znd th~ county ii ,~'ldch the ~u'oje~ct m~ue~: c~ zc*dv~ty [s located; Co) A ststcmcrrt of how mud when ~cb. p~ddon8r rcccive, d nodc. g of thc Conscmt Order:; (c) s~xm,,nent of how czch petitioner's ~bstandal in[er~tS are aff~t~ by the Consent Order; (d) A statement of thc mztcrial facts disputgd by petitioner, if any; (e) A stmcmcor of fzc~s ,.vkich petitioner con~ends w.a~---'~ut rcve:sal or modiftcsdon of thc Cor~nt Ord,; (f) A statemc'-nt of which rules or sta~-d~ peridonc-r contends r~quir~, rcvcrs~] or modLfic~tion of th~ O;dcr; (g) A statcmen~ of the rclicf soush~ by pcdfioner, sufing precisely the ~ction p=tltioncr wants thc Department to rake v,,ida respec~ to thc Comc~K O~dcr. If a pmidon is filed, th: achminis=afivc ~h,caring process is d~s~gne, d ~o formulate acdon. AccordLngly, th= Department's final action may b~. dif-fer~nt from the posi~[on takan .it. in th~$ Notice. - persons--whose substantial iht:rests will be aff~-tcd by ~ny d¢c{sion..of D~partm=n~ with r:gard to th~ ~bj~r Consent Orcter have the rN~h: t,o ~tirion ~o p~'5' to the proc~dlng. Th~ patition must conform to the re..qulr~ment$ sp~ifiml abov~ and fiI~cl (vzc¢ivcd) '.~i~hin 21 days of receipt of this nofic: in th~ Office of Gencrml Count! at ~bovc ~dcke.ss of thc Dcp~tment. l:~ilurc to petition within the allowed tin~ fr'a~_rr~ con~tU~es a ~a~vcr of ~ r~ht such persqn h~s $b r~luest a he,ring unc~cr S¢c. tio~ 120.569 ~md 120.$?, Florida gtatut~s, snc~ to p~rticip~tc ~s a pa~Xy to this proceeding. Any subsequent intcrvc, mion w[ll o~y be ~t the approv&l of the prasfdin£ officer upon ~notion fried pursuant to Rule 28- 106~205, Florida Administrative Code. A person whose substantial interests a-e affected by the Consanl Ord~ may fzle a timely peti.tlon for an adminisa:ative hearing tmd~ Seeticm~ 120.569 and 120.57, Florida S:amt~s, or may choose tO pursue m~a:ion as an alt-~mafive remedy under Section I20.573, Florida Statutes, before ,/.ha 'deacll~c for f'ding a petition. Choosing mediation will not adversely afro. at the right to a Ii. ring if m~iation cioe$ not result in a s=ulcrnen~, Th~ prc, zedure-~ for p~maing m~diazion are set forth below. Mediatiom may o~y take pl~ if the Dapamnen~ and all the patti:: to the proceeding agree ~hat rnediadon is appropriate. A person may purma¢ mediation by reaching a m~diarion agreemen~ wkh ali parties to the proceeding (which include the Respondent, the Department, and ~ny person who ha~ filed a timely and snf-fnclent petition for a hearing) and by showing how the ~ubs~-~al interests of each med. ixting party are affected by the Con~,~r~t Order. The agreement rrras~ be filed in (received by) lhe Offic~ of Cvsneral Counsel of the D~mtu~enl at .3900 Commonwealth !Boulevard, MS #35, Tallahassee-, Florida 32.399-3000, within 10 days after the deacllime ~ set for'd~ above for the fi_ling of a petitiom The a~eeme~lt to mediate nva~ include tht: following: (a) The names, addresses, ~-nd trtephon~ numbe, rs of any persons who may attend m~iation; (b) The i-arno, address, a.n~--telephoae, mulab:r.of the mediator seleeted by th= parties,. or a provision for select;lng a medialor within a specified time; (c) The agreed aHoc. atio~l of the costs ~ncl fees associated with the media~iorl; (d) Tiaa'. ~gre~mem of the parties on th=-conficlerrdalky of discussions anti documents inn:odua-ed during n'mdi~tlon; (e) Tiaa date, thn¢, ~d'plaz¢ of th~ ftr~t mediation session, .or a deadline for holding the in'st session, if no m~ha~'or has y~ ~ l! 'd DEC .1 I 2001 ., Nd q~:~I (]21~ lO-9~-d3S The nm-nc of each perry's reprc, sc. nimtiv¢ who sim. Il have authority -,o settle or rcconm-tcnd settlement; and (g) Either an expl~.nation of how the .~absmmlal i~mrest~ of ca--~h mediating pazty will b~ affected by thc action or proposed action addr~sed in this notice of h2tcnt or a srar~znenr clearly identifykng the petition for h~arhng that each parD' i-ms Mready fried, and Lncorporating it by refcrcnza. (h) The signatttras of all parties or thek authorized rcpre$¢r~tativcs. As-providml in Se,cdon 120.573, Florida Statutg$, tbs timely agreement of ail m~iate will :o~ ~e ~ ~o~ ~posM by S<fio~ 120.569 ~d 120.5~, ~ori~ Statutes, for r~e~g ~d hold~g ~ a~s~gfive h~. U~s o~4s¢ ~gr~d by ~h~ p~d~s, ~ ~d~on mus~ b~ co~d~ with~ s~y days of ~c cx~on of ~ a~c~n~. If medi~on rss~ in senI~m~ of ~e ~~a~v: dilute, ~e Dsp~nt mug emter ~ fm~ order ink.orang ~e ~ment of ~c p~i~s. P:rso~ whose ~r~ ~11 ~ ~ by such a mo~ed f~l d~ion of ~e D~e~ ~w a ~dtion for a h~g o~)' ~ ~r3ance ~ ~ rc~r~n~ for ~h ~ddo~ ~t fo~ a~vg, ~d must ~erefox fde ~ek ~dtio~ wi~ 2I daya of r~ceipt of~ no~c~. ~2tion t~l~tes wi~out se~cmc~ of ~¢ dl$pm=, th~ D~~ ~h~! not~' ~ pa~s in wfid2g ~at ~¢ a~~dve h~g pr~csses ~der Scc~io~ 120.569 ~nd !20.57, Eori~a Statures, r~ma~ av~blc for disposl~on of ~e dilute, ~4 ~ no~ce w~ spec~ th~ dc~s ~t ~cn ~11 ~pply. for chsll~g~g ~ sgcncy a~on ~d eI~g rcm~ those two statutes. 24. Respondent shall allow sit authorized rcpresbntatives of thc Dcpatmc~at acc,~ss .to th~ prot~rty ~ facility at reasonable tim~s for the purpose of dct~rmlning compliance with thc terms of this Consent .Ordc¢ ~ the niles and smtur, cs of thc D~p~xnc~t, 25. All s-ubrn~Is a~t payments t~cluirczl by.this Cons~ Order to be submitS_, to' the Department shall be s~at tn rh~ ~'lorida Dcp~rtrne, nt of Envirommcnud Pror=ction, P,O. Box 2549 Fort Myers, Flo~C~ 33902-2549. I0 AGENnA IY~ DEC I 1 2001 I0-9~-d3.c 0,9.6. This Cogent Order i~ a ~ettlem=nt of the Department's civil and adrni__n_i~?trative authority arising 'under I=lorida law to resolv¢ the ma=ers addrezsed herein. This Cons~,nt Order is not a settlement of'any criminal liabilitie~ which may arise under Florida law..no~ is it a seulsmcnt of ~.ny violation which may.b= prosecuted crimi.ually or civilly under federal law. 27. The Department hereby expressly rmserves the right to initiate appropriat.e.legat action to prevent or prohibit m'ly violations of applicabl~, s]arut=~, or die ~-uies promulgatcd thcremnder that are nor specifically addressed by the mrms of this Consent Order. 28. The terms and conditions set forth in this Consent Order ma), be enforced in a court of competent jurisdiction pursu_~r to S..ocdons 120.6P and 40'3.!21, lalorida Statures. Failure to comply with the. terms of t,hJs-Consc-m Order shall constitute, a violation of S~tion 403,161(1)(b),' Florida Statutes. 29. The Depa.rtrnent, for and in. consideration of th= comp!¢t~ and tkneb' performance, by Re-spondent of the. obligations agreed to in this Coasent Order, h~r~oy waives its right to seek judicial imposition of damages or civil psnattics .for alDgccl violations through th~ date of th~ filing of t!,js Cop. sent Ordmr as adclrcsssd in this Cons,znt Order. 30. Respondent is fully aware ttmt a violation of the ~crms of this Consent. Order may s-ubjcc~ Respondent to judicial imposition of dan:mgez, civil penalties up.to $i0,000.00 per da>' p~ violation, and criminal psnalties. 31. Entry of thim Consent Orc!e,r does no~ ~lie'e~ Respondent of the nc~d to comply with applicable fedcraI, state, or local laws, rcgnlations or ordLoances, . 32. No modifications of tim tez'ms of this ConscnI Order shall b~ effective.until reduced to writing and c-xccute, d by both Respondent and the Department. 33. pi.'~Spond~ aclmowledges and waives its right to an sdminjjrrativ¢ hgaring pu~t .to Sections I20.569 arxcl 120.57, Florida Si. attireS, oi1 th~ t~llll$ of t]3is Cons¢Ilt Order. Ile.~ondcnt acknowledges it~ right to ~gpcaI. Lh¢ ~ of this Con~nt Order purs,~nt to Section 120.68, Florida Statutes, and waives tha~: right upon signing this Consent Order. ft DEC 1 1 2001 9 :3I lO-93-dHS 120.52~, ~orida Statutes, ~d ~% is f~ ~d cffc~vc on ~e.~ Dcp~nt ~ess ~ pe~on for ~s~ve H~ is filed ~ accor~ 120, Florida Smmtas. Upon ~ ~ly. fil~g of a ~'on ~ Co=~t Ord~ will not ~ff~c~ve until ~ar order of ~c D~p~~t- FOP. TIlE RESPONDENT'. DATE James D. Carter, Ph.D., Chairman Collier County Board of County. Commission--s DONE AND ORDERED this _, Florida. day of_ STATE Oi= FLORIDA DtgPARTNIF~'T 'OF ENV'IKONI~fF-,N'TAL pROTECTION P,.ich~d W. Caw. t-ell Director of Disttic. t ~agcmcnt l~l 'd EXECUTIVE SUMMARY APPROVE THE SETTLEMENT AGREEMENT RELATIVE TO THE CONDEMNATION OF PARCELS 106 AND 706 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. COMMUNITY SCHOOL OF NAPLES, INC., ET AL., (PINE RIDGE ROAD PROJECT NO. 60111) AND PURCHASE OF RIGHT-OF- WAY FOR LIVINGSTON ROAD (LIVINGSTON ROAD PROJECT NO. 60071). OBJECTIVE: That the Board of County Commissioners approve the Settlement Agreement with Community School of Naples, Inc. relative to the condemnation of Parcels 106 and 706 for the Pine Ridge Road project in the lawsuit entitled Collier County v. Community School of Naples, Inc., et al., Case No. 00-0137-CA and the purchase of 6.86 acres (Parcel 101) of right-of-way for the Livingston Road project. CONSIDERATIONS: On April 6, 2000, an Order of Taking xvas entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Road project (Project No. 60111). On April 21, 2000, Collier County deposited xvith the Registry of the Court the sum of $5,100.00 for Parcels 106 and 706 in accordance with the Order of Taking. On September 25, 2001, the Board of County Commissioners adopted Resolution 2001-370 authorizing the condemnation of 6.86 acres of land identified as Parcel 101 for the Livingston Road project. Both the Pine Ridge parcels and Parcel 101 were/are oxvned by Community School of Naples, Inc. Consequently, negotiations xvere undertaken with Community School to resolve both acquisitions. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Community School of Naples, Inc., will be fully and fairly compensated for the property interests taken for Parcels 106 and 706 (as enumerated in Resolution No. 99-228) and for the property interests taken for Parcel 101 (Resolution 2001-370). A copy of the Settlement Agreement is attached hereto. In short, the Settlement Agreement provides for the payment of $600,250, or $87,500 per acre for Parcel 101, and $5,100 as full compensation for Parcels 106/706. Closing on the 6.86 acres is to occur on December 15, 2001. The Settlement Agreement also provides for the payment of $200,000 to Community School for the cost of constructing an alternative water management system to replace certain retention areas located within Parcel 101 and currently being utilized by Community School for storm water staging. Payment of this sum is contingent on the Community School's written approval of design plans prepared by the District School Board of Collier County. The Settlement Agreement also contains a contingency in the event a South Florida Water Management District permit cannot be obtained for the proposed drainage design. (See attached agreement for details.) Finally the Settlement Agreement provides for the payment of pre-suit attorney's fees in the amount of $50,935.50, pursuant to the pre-suit negotiation provisions in Chapter 73, Fla. Stat., and engineering fees in the amount of $5,000. There are no other costs to the County, including no appraisal fees for the Community School. ~ ',,D ITE c°hsider;'tl~ t{~ M_ Staff has reviewed the County's obligations stated in the Settlement Agreement and r'o /o ~ be reasonable. 2001 FISCAL IMPACT: Funds in the amount of $856,185.50, plus estimated recording fees of $24.00, are available from road construction gas tax funds, and Transportaiton Road Impact Fees from District I and District 2. Source of Funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: approve the terms and conditions set forth in the Settlement Agreement and authorize the Chairman to execute the agreement; 2. approve.the expenditure of the funds as stated therein; 3. direct staff to take all action necessary to close the purchase, including the recording of all instruments necessary for the transfer of ownership, and to fulfill all other terms and conditions of the Settlement Agreement; and 4. authorize Clerk to issue all payments promptly upon staff's request in accordance with the terms of the Settlement Agreement. 5. approve/~n/y necessary budget amendments to transfer funds. PREPARED BY: ,._._~..~d !I~'/~/_.~_ Date: Ellen T. Chadwell Assistant County Attorney REVIEWED BY: ~'~-'~-"'-' d/5?/'Sv''~"'-'~ /-'---"'- Date: Mitch Riley, Senior Project Manager Transportation/ECM REVIEWED BY: "~77~'--'-' 6/~,'"?,,~-,-~ Date: APPROVED BY: APPROVED BY: Steve Miller, P.E., Director Transpqrtation/ECM "'q/{ .... //;,,,../' Nor~-Feder,'Administrator Tr~sportation Division David C. Weigel County Attorney h:Lit\EmDom\CommSchool\ExSum-P 106/706,etc .x,5:'Z;',iDA ITEM ;"o. _.__Zo 2001 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into and made on this ~'Off'~- day of A'/~'~Yzr--~t,/~~ 2001, by and between Collier County (the "County") and Community School of Naples, Inc., ("Community School"), with respect to Circuit Court Case No. 00-0137-CA, Collier County v. Community School of Naples, Inc., and the acquisition of real property for future Livingston Road. WITNESSETH: WHEREAS, the County has filed an eminent domain action in the Circuit Court of Collier County, Case No. 00-0137-CA, and has acquired a fee simple interest in Parcel 106, and a temporary driveway restoration easement in Parcel 706, upon making a good faith deposit on April 21, 2000 in the total amount of $5,100.00; and WHEREAS, the County desires to acquire a fee simple interest in certain real property from ti~e Community School for the construction of future Livingston Road, Phase II, which property is more particularly described in Exhibit "A," attached hereto; and WHEREAS, ti~e Community School desires to sell tt~at certain real property to the County for future Livingston Road right-of-way (hereinafter "Livingston Road acquisition"); and WHEREAS, the Community School and the County desire to resolve all issues pertaining to full compensation, including fees and costs, and settle the pending litigation in Case No. 00-013?-CA (hereinafter "Pine Ridge Road acquisition"); and AGENDA I T E..~...~M No._ /,:, ,,,J.. OEC 2001 WHEREAS, the Community School and the County desire to resolve all issues pertaining to full compensation, including fees and costs, which would arise should the County be required to condemn the property described in Exhibit "A;' and WHEREAS, the parties hereto recognize the cost and risks involved in (1) the continued litigation of the Pine Ridge Road Acquisition and (2) the initiation and prosecution of a formal eminent domain action for the Livingston Road acquisition; and WHEREAS, the Community School is agreeable to an alternate storm water management system proposed by the District School Board of Collier County ("School Board"), whereby the Community School's existing system will be connected to School Board's water management system and surface water from the Community School's property discharged onto the School Board's property through newly constructed drainage facilities; and WHEREAS, the School Board t~as estimated the design, permitting and construction of this interconnected water management system at $200,000, and has agreed to design, permit and construct the improvements; and WHEREAS, it is the County's and the Community School's desire to reduce their settlement to writing and to be bound by the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by Parties and with the intent to be legally bound hereby, the County and the Community School mutually agree as follows: AGENDA ITEM No. }EC 001 1. Parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. The Community School shall sell, and the County shall purchase a fee simple interest in the property described in Exhibit "A" hereto, amounting to 6.86 acres, more or less, at a purchase price of $87,500 per acre. SIX HUNDRED THOUSAND TWO HUNDRED AND The total purchase price shall be FIFTY AND 00/100 DOLLARS ($600,250.00). Closing shall occur on or before December 15, 2001. 3. The purchase of the Property shall be governed by the Purchase Provisions attached hereto as Exhibit 'B," the terms and conditions of which are incorporated herein. 4. At the time of Closing, the parties shall prepare and execute a Stipulated Final Judgment in Case No. 00-0137-CA, which judgment will provide that full compensation for Parcels 106 and 706, as well as any attorney's fees and costs allowable under Chapter 73, Florida Statutes, shall be. in the amount of FIVE THOUSAND ONE HUNDRED DOLLARS ($5,100.00). This will constitute all damages, expert fees and costs to which the Property Owner may be entitled by virtue of the acquisitions of Parcels 106 and 706. 5. The Community School will cooperate with the School Board in designing, permitting and constructing an alternate storm water management system to replace the drainage retention areas currently being utilized by the Community School and which areas are currently located within the right-of-way to be acquired pursuant to Section 2 above. "Replace," as used above, means to create a storm water management design which obviates the need for these existing retention areas by otherwise accommodating the storm water needs currently being met by the retention areas. AGENDA ITE...M_ No. /_o~.__. 3 DEC Ii 28111 pg.. 5.1 The parties have proposed an alternative system to replace the drainage retention areas currently being utilized by the Community School and for treating storm water from the Community School, which consists of drainage structures and facilities connecting the existing water management system on the Community School to the School Board's system and providing for storm water discharge from the Community School into the School Board's property for treatment and discharge. The Community School agrees to cooperate with the efforts of the School Board's engineer agent, George Hermanson, which efforts may include, but are not limited to, review of drainage calculations and preliminary design, agreement as to system design, attendance at a pre-application meeting with the South Florida Water Management District (hereinafter "SFWMD") for purposes of permitting the system design, application for permit modifications (within 30 days of SWFMD preliminary approval), and construction of the proposed drainage improvements. 5.2 Prior to the School Board's submittal of a SFWMD permit application, the permit application and all supporting documentation shall be provided to the Community School for its review and approval, which approval shall not be unreasonably withheld. The Community School shall notify the School District and the County in writing of any objections relating to the functionality of the proposed system within ten (10) days of its receipt of the permit application ~nd shall specify the nature of such objections. The fact that the application requires the utilization of any Community School property not currently being used as part of its water management system for any purpose other than for the construction and installation of connecting drainage facilities will also be a valid basis for objection. In the event the School Board cannot resolve the Community School's objections to the satisfaction of Community School, the Community Scho0J._rna~t._t° AGENDA IT .E.~ .,"4o. 4 DEC Pg. g ~._.--- terminate the reciprocal obligations of Section 5 (Section 5 consists of paragraphs 5.1 through 5.7). 5.3 In the event the application is approved by Community School, the School Board may proceed with permitting and construction of the improvements. Community School agrees to enter into a maintenance agreement with the School Board relative to the proposed improvements. All maintenance responsibilities shall belong to the School Board and/or Community School and shall be addressed by the maintenance agreement. 5.4 Any warranties as to construction and operation shall be the responsibility of the School Board or as otherwise determined between the School Board and Community School. 5.5 permitting, The County agrees to pay Community School the cost of the design, and construction of the proposed storm water improvements hereinafter "Cost"), in the amount of Two Hundred Thousand Dollars ($200,000.00). This sum ',,,,ill be due and payable within seven (7) days of Community School's written approval pursuant to Paragraph 5.2 above. 5.6 The parties agree that any proposed storm water system may not adversely impact the storm water management needs of the School District property, the Communit~ School site, or the Livingston Road improvements. 5.7 The parties agree that Section 5 shall constitute a severable portion of th~s Agreement and a breach of this section shall not constitute a breach of the entire Agreement. In the event that (1) the School Board fails to permit the proposed water management system or (2) Community School terminates this portion of the Agreement pursuant to Paragraph 5.2 above, Community School may terminate thirs.po,rtiog_o,f_tJ.]e I Z.G~HDA ITE,~ : r,!c:. /,~ k J 5 1 OEC ! 1 2001 -; Agreement in writing and seek damages for the loss of storm water management capacity resulting from the acquisition of the retention areas within the purchased right-of-way for Livingston Road, where such damages would otherwise be recoverable in an eminent domain action. The parties hereto agree that under no circumstances shall the provisions of this Agreement, including Section 5, be construed as waiver by either party of any right, claim or defense that party may have in the context of an eminent domain proceeding. If said termination takes place after payment by the County as provided in Paragraph 5.5, the sum of $200,000 shall be reimbursed to the County. The reimbursement of the $200,000 shall be a condition precedent to the initiation of any legal or equitable action. 6. The County agrees further to pay a reasonable fee for the engineering services of Terry Kepple, incurred by Community School, in the amount of Five Tt~ousand Dollars(S5,000). Payment will be made at closing and only after receipt of substantiating documentation as to the services provided and amount of the fees. Failure of Communitx.' School to submit such documentation within five days of execution of this Agreement shall constitute a waiver of its entitlement to any fees pursuant to this provision. 7. The County agrees to maintain access to the Community School site to and from Livingston Road at all times of school operation during the construction of Livingston Road. To the extent that access needs to be closed for purposes of construction, the County shall contact Community School and coordinate a time when the school is closed and access may be closed off. 8. The County agrees to pay Goodlette, Coleman & Johnson, P.A., the sum of Fifty Thousand Nine Hundred Thirty-Five and 50/100 Dollars ($50,935.50), which amount shall represent pre-suit attorney's fees pursuant to Chapter 73, Florida, Statutes. ~ No.___/o "--) 9. Community School represents and warrants to the County that its owns the subject property as of the time of the execution of this Agreement and will not relinquish or transfer any rights in said property where to do so would hinder its ability to comply with the requirements of this Agreement. 10. This Agreement has been entered into freely and voluntarily by Community School after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from its legal counsel, Richard Yovanovich, Esquire. 11. Community School acknowledges and agrees that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. County agrees to submit this Agreement to the Board for its consideration at the December 11, 2001, meeting. 12. The parties agree that this Agreement supersedes and replaces all prior Agreements and understand that it constitutes the entire Agreement between Communit,v School and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, Community School does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 13. Community School agrees that the provisions of this Agreement provide for full compensation for all property acquired by the County in acquisition and the Livingston Road acquisition, including any the Pine Ridge Road improvements~_spe~al~__ '-' {Y~i",!l'.,l~ ITEM ...... _/e__d'"'Z__. 11 2001 ! pg. ~ damages, damages to remainder, costs to cure, as well as all attorney's fees and costs allowable under Florida law. 14. The parties expressly acknowledge and agree that this Settlement Agreement represents a negotiated compromise of all issues, damages, claims, and the like arising out the pending Pine Ridge Road acquisition and the Livingston Road acquisition; that the price per acre agreed to by the parties was negotiated in light of the costs, including attorney's fees, and risks associated with litigation; and that the parties disagree as to the fair market value of the property being acquired; and that the price per acre shall not be admissible in any litigation between the parties. 15. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the Property Owner and the County have executed this Settlement Agreement consisting of ~ ATTEST: DWIGHT E. BROCK, Clerk pages on the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Date: 8 AG£NDA ITEM r,o. _.j_,., BEC t l ?.001 Witness Print Name Print Name COMMUNITY SCHOOL OF NAPLES, I~C. THIS SETTLEMENT AGREEMENT BETWEEN COMMUNITY SCHOOL OF NAPLES, INC., and COLLIER COUNTY, was acknowledged before me, the undersigned authority, by~6'4,c~ .,~,,~/,~,~,~',, as President, on behalf of COMMUNITY SCHOOL OF NAPLES, INC., this ,~"~- day of /.,'oOzc~4,,~,~..~ , 2001. Commissioned Name of Notary Public (Please print, type or stamp) Approved as to form and I ega.l.,-s u fficiency: "EL-LEN T. CHADWELL Assistant County Attorney Personally Known or Produced Identification Type of Identification Produced My Commission expires: ..... II ~'.~.:t-: EXPIRES: Apri] 16, 2002 Il '~'~,:,~.~:' Bond. ll~,ru N o~r~, Pul~i~ Un~l~r~I~rs -' ,~,u~:NDA ITEM Pg._ 11 PmOJECT NO.: 62Q71 PROJECT PARCEL NO.; 101A TAX PARCEL NO: DESCRIPTION: PARCEL 10lA A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 49 SCUTH, RANGE 25 EAST. COLLIER CCUNTY, FLORIDA, AN0 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST GUARTER CF SECTION 12. TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND RUN NORTH E9'34'1.3' WEST ALONG THE SOUTH LINE CF THE SAID NORTHEAST CUART~R CF SECTION 12, A DISTANCE CF 30,02 FEET TO AN INTERSEC~ON V,ITH THE '/¢~S~RLY LINE OF A 60 FOOT RiGHT-OF-WAY; THENCE RUN SOUTH 00'51'01" EAST AND PARALLEL W1TH THE EAST LINE OF SAIO SECTION 12, A DISTANCE OF 0.52 FEET; THENCE RUN SOUTH 00'17'27' EAST AND PARALLEL WITH SAID EAST LINE OF SECTION 12. A DISTANCE CF 99.5~ FEET TO T~E PO;NT OF BEGINNING; THENCE CONTINUE SOUTH 00'17'27' E.~ST AND PARALLEL WIT'H SAID EAST LINE OF SECTION 12. A OISTANCE OF 'i220.57 FEET TO AN INTERSECTION ~ ~E SOU~ LINE CF THE _~,,CN I NCR~E~ST QUARTER OF ~E SCU~EAST QUAR~R OF SAID c-~, ' 2: ~EHC~ RUN NCR~ 89'32'42' ~ST ALONG ~AID SCU~ UNE CF T~E ~CRTHEAST OUA~TER OF THE SOUTHEAST QUARTER 0F SECTION 12. A C;~TAhC~ OF 245.02 FEET TO AH INTER,SCiON ?,1~ ~E EAST LIHE CF A !25 FOOT FLORIDA FC'¢~ ANO UGHT COMPA>~Y EASEMENT; THENCE ~UN HCR~ 00'17'27" Y,~ST ALCNG SAID ~AST LI~E CF THE FLORIDA FO','~R A~;C ~',GHT CCM~ANY EASEMENT AND ~ARALLEL ~ SAID EAST LIHE CF SE2~C~I 12. A D;STANCE CF 122049 FEET; THENCE RUH SCL'TN Eg'32'~C' E~ST, A CIST~r4C~ CF 24502 FEET T0 THE SA~D PC',NT C7 EEG;Nri;~JG CCHT,~INffJO 6.E55 ACRES CF LAt-1O. '.!CRE CR LESS. SKETCH AND DESCRiPTICN SECTION 12, TOV~',~JHIP 49 SOUTH. RANGE 25 EAST COLLIER COUNTY. FLCRIOA JOHNSON ENGINEERING. INC. -,-,,, I'-'-,;,,,,_F',,-,,-,,._J- : AGENDA ITEM _/,> DEC !1 2001 Pg._ 1~- EXHIBIT 'B" (PURCHASE PROVISIONS) I. CLOSING 1.00 The term Purchaser, as used hereinafter, refers to COLLIER COUNTY. The term Seller, as used hereinafter, refers to COMMUNITY SCHOOL OF NAPLES, INC. 1.01.The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before December 15, 2001, unless extended by mutual written agreement of the parties hereto. The Closing shall be hetd at the Collier County Attorney's Office, Administration' Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 1.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Flodda Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 1.0111 Warranty Deed in favor of County conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 1.0112 Combined Purchaser-Sbller closing statement. 1.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Sect, ion 1445 of the Intemal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 1.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 1.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 1.0121 A negotiable instrument (County Warrant)in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the County verifies that the state of the title to the Property has not changed adversely since the date of the Attomey's Opinion of Title. 1.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance herewith, shall be subject to adjustment for prorations as hereinafter set forth. 1.02 Seller shall be responsible for payment of the cost of recording any instruments necessary to clear the Seller's title to the Property. The cost of an Attorney's Opinion of Title shall be borne by the Seller.. Seller shall not be responsible for documentary stamps.' 1.03 The County shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. II. REQUIREMENTS AND CONDITIONS 2.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 2.011 Within seven (7) days after the date of execution of the Settlement Agreement ("Agreement") by Seller, Seller shall provide an attorney's opinion/affidavit of title covedng the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have seven '(7) days, following receipt of the title opinion and documents, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations sh'all be paid at closing. If the title opinion contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate the Settlement Agreement. 2.012 If Purchaser shall fail in seven (7) days to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for. monetary obligations which will be satisfied at Closing. Seller, at itm'solcA ITL : 'JEC 1 200I g.__l'/ expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day pedod, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such wdtten notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. III. INSPECTION 3.01 Seller acknowledges that the Purchaser, or its authorized agents, sh~ll have the right to inspect the Property at any time prior to the Closing. IV. POSSESSION 4.01 SeJler has authorized eady possession of the Property by Purchaser for purposes of construction. V. PRORATIONS 5.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2000 taxes, and shall be paid by Seller, if required. VI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 6.01 Seller and Purchaser represent and warrant the following: 6.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 6.012 Seller has f~ll right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Ail necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary.' 6.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptanee-of-~a ~ i, > ..... Zo DEC !1 ITEM ZOO1 deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 6.014 Seller represents that it has no actual knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 6.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 6.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 6.017 Seller has no actual knowledge of any incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller, without investigation, represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller, without investigation, has no actual knowledge that the Property has been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller, without investigation, represents that they I~ave (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time dudng Seller's ownership thereof. Seller represents that none of the Property has been used as a sanitary landfill dudng the time of Seller's ownership thereof. 6.018 Seller has no actual knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, 0EC 2001 ~~% code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 6.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 6.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 6.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or c6ange any other condition of the Property. 6.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reassertinq the foregoing representations as of the Date of Closing, which provisions ~hall survive the Closing. nEC !'i 2001 Pg._/'7 - VII. MISCELLANEOUS 7.01 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision Or a waiver as to any other provision. 7.02 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 7.03 If the Seller holds the Property in the'form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is Conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) ITEM EXECUTIVE SUMMARY Presentation of the "Vital Signs" Report OBJECTIVE: That the Board of County Commissioners utilize the information presented in the Vital Signs Report as a policy and decision making tool. CONSIDERATION: The County Manager's Office in conjunction with Division Administrators will orally present the "vital signs" report at the December 11, 2001 Board meeting. This report includes a divisional analysis of key financial and statistical data and is intended to paint a picture of the County's operational health over the last six months to a year. The overall goal of the report is to provide the Board with background information and perspective when making important policy decisions. The first report of this kind was presented to the Board on June 14, 2000. GROWTH MANAGEMENT: There is no growth management impact associated with this report. FISCAL IMPACT: There is no fiscal impact associated with this report. RECOMMENDATION: That the Board of County Commissioners accept this report. S U B M i TT E ~B' ..y.; ~ . ~'~Y',~ ~/~ ~' ~ ~~_.~._. D at e :__z/.¢_./.5-/~/ / Beth Walsh Assistant to the County Manager APPROVED BY: County Managert~'~-' 2001 Executive Summary Page I of 2 EXECUTIVE SUMMARY APPROVE REQUEST FOR STAFF TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT TO ACQUIRE A COST ANALYSIS OF THE EXPENSES ASSOCIATED WITH THE IMMOKALEE ROAD CONSTRUCTION PROJECT. OBJECTIVES: To obtain Board of County Commissioners approval to negotiate and enter into a contract to secure the services of a cost expert to aid County staff in determining the extent of reimbursable expenses associated with the Immokalee Road Project from 1-75 to C.R. 951. Additionally, approval is requested for any budget amendments necessary to accomplish this goal. The contract is not to exceed $50,000.00 CONSIDERATION: Collier County is currently preparing for pre-suit mediation regarding the need for a substantial change order in the Immokalee Road Project. In this matter, the County Attorney's Office has worked closely with the Office of the County Manager and the Transportation Division in reviewing the circumstances involved in the construction of the roadway. Under the County's Purchasing Policies, since this consultant will be serving under the direction of the Office of the County Attorney at the request of the Office of the County Manager and the Transportation Administrator, and since there is a need for the immediate retention of this expert, there is a need to waive competitively securing these services. FISCAL IMPACT: This contract is not to exceed $50,000.00 and will be taken from the Transportation Budget. GROWTH MAMAGEMENT: There is no impact on growth management. RECOMMENDATION: Approve staff's request to retain a construction cost expert. .J~qu~ine Hubbard Robinson Assistant County Attorney REVIEWED BY: ~~~DATE: A~~ _u~Tm~er Norm~!~Fede'- y ~ -~r~r [/,.r----------DATE: Tran//s~°rtation Administrator REVIEWED BY: DATE: I~- t [-' ~-O~I Executive Summary Page 2 of 2 APPROVED BY: David C. Weigel, Cgou~nty AttOrney APPROVED BY: - ~-~~ Thon~a¥C~ Ol-li~, ~er DATE: DATE: EXECUTIVE SUM MARY HISPANIC AFFAIRS ADVISORY BOARD RECOMMENDATION FOR ADOPTION OF A RESOLUTION REQUESTING DIALOGUE BETWEEN IMMOKALEE GROWERS AND FARMWORKERS. OB.1ECTIVE: For the Board of County Commissioners to call for dialogue between the growers and farmworkers for the good of the Tmmokalee economy and community. CONSIDERATIONS: For a number of years, the Collier County Hispanic Affairs Advisory Board (HAAB) has received information regarding very Iow wages and deplorable living conditions for farmworkers in the Immokalee area. The HAAB has also received information that the problems faced by the farmworkers negatively impact the rest of the ]~mmokalee community and area with particular emphasis on the Hispanic population. The HAAB has previously brought this matter to the attention of the Board of County Commissioners and the prior Board declined to involve itself in this controversy primarily because it viewed the matter as a labor-management private sector dispute. Since that time, the dispute has continued and the problem appears to be getting worse. During the course of the last year, the HAAB has had public meetings in ][mmokalee and heard from farmworker representatives as well as other interested citizens and community leaders who have appeared at public meetings in Tmmokalee. The HAAB has again voted to request that the County Commission formally, by resolution, call upon the growers and the farmworkers to engage in dialogue to tw to solve the problems faced by farmworkers. The HAAB is not requesting that the County Commission involve itself in terms and conditions of employment. Rather, the HAAB believes that the Commission should merely make the call to the parties to have dialogue. ]:t is believed that such an action would benefit the citizens and economy of Tmmokalee and especially the Hispanic community. The HAAB is convinced, based on information received, that the lack of dialogue and solutions to the farmworker issues are impacting the Tmmokalee community and Collier County as a whole. The HAAB also believes that the County Commission should formally, by resolution, request that Florida Governor, ]eb Bush, also make a plea for dialogue to the growers and the workers for the benefit of the Immokalee community and Collier County. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners pass a resolution (attached) calling for dialogue between growers and farmworkers in the Immokalee area. Also, that the resolution include a request to Florida Governor the call for dialogue between Immokalee growers and farmworkers. Board authorize the Chairman to execut('_sai~~. ~)A ~T~M - / NOV t3~2001 No. -- '_~ ~ Ramiro Mafialich, as Liaison to the Hispanic Affairs Advisory Board Date: //- / -ol REVIEWED BY: David Correa, Chairman Hispanic Affairs Advisory Board Date: h: RM\HAAB\Ex Sum-Dialogue AGENDA rlT. M._.~ NO._ NOV~ 2001 · RESOLUTION NO, 2001- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5{} A RESOLUTION REQUESTING DIALOGUE BETWEEN THE GROWERS AND THE FARM WORKERS OF IMMOKALEE, FLORIDA FOR THE BENEFIT OF THE IMMOKALEE COMMUNITY. WHEREAS, for a number of years, the Collier County Hispanic Affairs Advisory Board ("HAAB") has received information at public meetings regarding very Iow wages and deplorable living conditions of the farm workers in the Immokalee area; and WHEREAS, the HAAB has also received information that these problems faced by the farm workers negatively impact Hispanics as well as the entire Immokalee community; and WHEREAS, this matter was previously brought to the attention of the prior Board of County Commissioners ("Board"). The Board chose not to act because it viewed the matter as a private sector labor dispute. However, the HAAB has found that the farm worker problems in Immokalee continue to exist creating further dissention in the community as well as the deterioration of opportunities for the parties to negotiate; and WHEREAS, the HAAB has found, as a result of its public meetings, that the farm worker problems in Immokalee impact very significantly the Hispanic community; and WHEREAS, the HAAB recommends that the Board make a plea for dialogue between the growers and farm workers in the Immokalee community for the good of all. Said recommendation of the HAAB is only for the Board to request dialogue and not for the Board to involve itself in the dialogue or in any terms or conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier County Board of County Commissioners hereby respectfully requests that growers and farm workers of the Immokalee, Florida community promptly enter into dialogue to address problems affecting growers, farm workers and the community. The Board makes this request with the public purpose of seeking to improve living and economic conditions for all in Immokalee and Collier County, Florida. 2. The Board respectfully requests that Florida Governor .leb Bush join the Board's plea for dialogue between growers and farm workers in Immokalee and that the Governor also communicate a plea for dialogue to the parties. This Resolution adopted after motion, second and majority vote. DATED: Al-I-EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Chief Assistant County Attorney ~.l:m:hCr-Tr-R :-th .O., Ch~ ~,-~AC~NDA ITEK~.~ rma%v m EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO SETTLEMENT IN COLLIER COUNTY V. MARSHALL, ET AL., CASE NO. 99-2009-CA-TB, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT (COUNTY'S PRESCRIPTIVE EASEMENT CLAIM FOR MILLER BOULEVARD EXTENSION). OBJECTIVE: For the Board to enter into settlement in Collier County v.. Marshall, et al., Case No. 99-2009-CA-TB, now pending in the Twentieth Judicial Circuit Court (County's Prescriptive Easement Claim for Miller Boulevard Extension). CONSIDERATIONS: On September 25, 2001, the Board of County Commissioners considered settlement in Collier County v. Marshall, et al., Case No. 99-2009-CA-TB, a case involving the County's prescriptive easement claim for Miller Boulevard Extension. A copy of the Executive Summary from that meeting is attached as Exhibit 1. At that time, the Board declined to consider settlement especially in light of two issues. First, the Board was concerned that the proposed settlement agreement did not expressly contemplate use of Miller Boulevard Extension by the public but instead only expressly stated that use would be allowed by the County and emergency vehicles. Second, the Board was concerned that certain owners of property on or around Sabal Palm Road might lose access if the County automatically abandoned any interest it has in Miller Boulevard and Lynch Boulevard once the State of Florida takes part in physically removing those roads as part of its Southern Golden Gate Estates Hydrologic Restoration Project (the "Restoration Project"). For its part, the State of Florida refused to enter into a settlement agreement that would allow the Board to consider the abandonment of Miller Boulevard and Lynch Boulevard at a later date. Since the September 25, 2001 Board meeting, the parties have met with Commissioner Coletta and have also continued discussing the proposed settlement agreement. A copy of the most recent version of the proposed settlement agreement is attached lo this Executive Summary as Exhibit 2 and is recommended for acceptance by the Board. Many of the features of this settlement agreement are identical to the settlement agreement presented to the Board on September 25,2001. The areas of difference are denoted either by striking through language that has been deleted or underlining language that has been added. Specifically, the Board will note that at Page 3 of the recommended settlement agreement, the parties have added a "Whereas" clause providing for public access to the area consistent with the goals of the Restoration Project. At page 5, the definition of "public" provides that neither the State nor the Florida Wildlife Federation are in any way admitting or acknowledging any historic use or right of use by the public over Miller Boulevard Ex~:ension. At page 6, the express right of the public for temporary use of Miller Boulevard Extension has been recognized. At pages 9 and 10, changes on the question of the abandonment or vacation of rights in Miller and Lynch Boulevards have been included to achieve several things. First and foremost, the County is agreeing to abandon its rights or interests in Miller and Lynch Boulevards upon the written request of the State or f, :deral a~ency AGENDA [TEM Nc). I DEC 1 F-~O01 P~. responsible for the Restoration Project once the State has acquired all properties along those roads in fee, at least with the exception of the Miccosukee Indian Tribe property. Importantly, however, the settlement agreement now provides that access for the public of the same level and quality that now exist, e.g., paved and graded roadway, to property on or around Sabal Palm Road shall continue to be available on or from Miller Boulevard South to and across the 78th Avenue SE/Sabal Palm Road intersection with Miller Boulevard. Access below that point shall also continue to be available to the public, but only at natural grade and such access need not be paved nor improved beyond natural grade. GROWTH MANAGEMENT: If the County enters into this settlement agreement, it will eventually lose all access or claim to Miller Boulevard Extension and Miller Boulevard Extension will not be available for County or public use. At this time, the County's prescriptive easement over Miller Boulevard Extension has not been judicially declared by a court. Even if those rights are upheld by a court, however, that will not stop the State's acquisition program with the Restoration Project proceeding forward. At most, the County would ultimately gain some unknown and potentially small amount of monetary compensation for an easement that will necessarily be eradicated as part of the Restoration Project. Accordingly, under any scenario, it appears the County will ultimately lose access to Miller Boulevard Extension. FISCAL IMPACT: The fiscal impact has not changed appreciably since the September 25, 2001 Board meeting. Please refer to the Fiscal Impact section of that Executive Summary~wh±ch on page 5 and 6 of Exhibit 1 attached. RECOMMENDATION: That the Board settle the case of Collier CourtO, v. Sheldou C. Marshall, et al., Case No. 99-2009-CA-TB, as proposed in the attached settlement agreement and authorize the Chairman to sign all necessary settlement documents. (Previously, the Board authorized settlement with the Miccosukee Indian Tribe for purposes of allowing continued access of the County across the Tribe's property in exchange for which the County would waive lien rights over that property of approximately $3,000.00.) is Michael W. Pettit, Assistant County Attorney Date: REVIEWED BY: David C. Weigel, Count~ttorney Date: AGENDA LT-~M '-- DEC 1 I 2001 EXECUTIVE SUNEMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER SETTLEMENT IN COLLIER COUNTY V. MARSHALL, ET AL, CASE NO. 99-2009-CA-TB, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT (COUNTY'S PRESCRIPTIVE EASEMENT CLAIM FOR MILLER BOULEVARD EXTENSION). OBJECTIVE: For the Board to consider settlement in Collier Count' v. Marshall, et al, Case No. 99-2009-CA-TB, now pending in the Twentieth Judicial Circuit Court (County's Prescriptive Easement Claim for Miller Boulevard Extension). CONSIDERATIONS: As the Board of County Commissioners is aware, the County filed an action on June 18, 1999 seeking to establish by judicial declaration a prescriptive easement over NLiller Boulevard Extension, a dirt and gravel road running between U.S. 41. and Miller Boulevard in Southern Golden Gate Estates. The action was filed with respect to eighteen (18) parcels that are traversed by ~M/ller Boulevard Extension. Since the action was filed, the County has acquired stipulated easement rights for two (2) of the parcels and has obtained defaults against owners of several other parcels. The State of Florida purportedly owns eleven (I 1) of the remaining parcels, while the Florida Wildlife Federation owns one (1) parcel. Several parcels remain in the hands of individual owners. One of these owners is the Miccosukee Indian Tribe. As the Board also knows, the State of Florida is continuing forward with its plans to purchase all of the parcels traversed by Miller Boulevard Extension and to remove approximately one hundred and thirty (130) miles of paved road in Southern Golden Gate Estates, including virtually all roads south of 66t~ Ave. SE. Among the roads desi~nated for removal is the portion of Miller Boulevard lying south of 66th Ave. SE. At this .time, the State has acquired approximately 85% of all parcels in the project area, including a number of the parcels over which Miller Boulevard Extension runs. Since the last time this matter was before the Board, the County has engaged in extensive settlement negotiations with the State of Florida and the Flor/da Wildlife Federation. As a result, the State of Florida and the Florida Wildlife Federation have agreed to settle the County's prescriptive easement claim for Miller Boulevard Extension as more full)' set forth in Exhibit A to this Executive Summary. In particular, this settlement would include the following terms and conditions: 1. The County would waive its prescriptive easement rights on behalf of the public over Miller Boulevard Extension. 2. The County would have a temporary use a~eement with the State of Florida and the Florida Wildlife Federation that would allow Count)' vehicles and I' AGENDA IJ'tg.M · Dec 11 2001 EXHIBIT 1 emergency vehicles to use Miller Boulevard Extension until such time as Miller Boulevard is physically removed as part of the State's Southern Golden Gate Estates Hydrologic Restoration Project (the "Restoration Project"). 3. The County would be permitted to undertake repairs and maintenance along Miller Boulevard Extension as is more fully set forth in Exhibit E to Exhibit A. As can be seen from that Exhibit E, however, the County cannot guarantee that Miller Boulevard Extension will remain completely passable at all times and in all conditions with such a repair and maintenance program. Nevertheless, the .Miller Boulevard Extension would in all likelihood be more passable for many more days a year than it is currently. Under this agreement, the County would not be allowed to pave Miller Boulevard Extension nor would it be allowed to raise its overall elevation or install any culverts along Miller Boulevard Extension. default or Extension The County would assign any rights it has acquired either by way of stipulation or otherwise in any of the parcels that traverse Miller Boulevard to the State. 5. The County would dismiss its prescriptive easement lawsuit with prejudice insofar as the Florida Wildlife Federation and the State are concerned and would do likewise to the extent it acquires default judgments, etc., against other property' ov,'ners and then assign those fights to the State. 6. While the County would remain subject to any permitting requirements to perform an,,,' maintenance along Miller Boulevard Extension, the Florida Wildlife Federation and the State of Florida have agreed to not to object to applications for an',' such permits. 7. The temporary use agreement would be subject to approval by the Big Cypress Basin Board Director. 8. The County will hold other sig-natories to the temporary use agreement harmless for any liability arising from any work performed by the County for repairs or maintenance on Miller Boulevard Extension. This hold harmless agreement would, of course, be subject to the limited waiver of the doctrine of sovereign immunity in Section 768.28, Fla. Stat., and only operative to the extent Florida law would allow. 9. The County would agree to abmidon any rights or interests it has in the paved portions of Miller Boulevard and Lynch Boulevard in Southern Golden Gate Estates once the State has acquired all properties abutting those roads within the Restoration Project area and upon written notice no sooner than sixty (60) days prior to the time the State would necessarily have to go out to bid for construction work for that phase of the Restoration Project. At this time, it is unknown what that timetable might be. DEC 1 1 2001 PS;o /""/ Exhibit B attached to this Executive Summary is an alternative settlement proposal that, as of the date this Executive Summary was drafted, has not been approved by either Florida Wildlife Federation or the State. The most significant difference between the settlement proposal set forth in Exhibit B and that set forth in Exhibit A is that the County would not be automatically required to abandon its interests in the paved portions of Miller Boulevard and Lynch Boulevard. Rather, the County would only be r:quired to consider such an abandonment upon the written request of the state or federal agency responsible for the Restoration Project, and then only after a regularly scheduled and advertised Board of County Commission meeting at which such request would be placed before the Board and the public as a matter for action. The primary reason for the differences in the two settlements is that the Office of the County Attorney has become aware that there may be property owners who could conceivably be landlocked if the County automatically abandons its interest in Miller Boulevard and Lynch Boulevard. In addition, Exhibit B differs from Exhibit A in one other particular and that is that the County would proceed to take default judgments against those property owners who are not in contract with the State and are currently in default. Once those default judgments are obtained, the County would assign its rights to the State of Florida as contemplated by both versions of the settlement a~eements. In turn, the State of Florida and the Federation would allow the County the temporary use over those parcels as set forth in both versions of the settlement agreements. In addition, with respect to the parcel owned by the Miccosukee Indian Tribe, and for which no default can be obtained, the Tribe has offered to allow the County the use of Miller Boulevard Extension to the extent it traverses that property until and through such time as the County is no longer permitted to use Miller Boulevard Extension under its agreement with Florida Wildlife Federation and the State. In exchange, the Tribe seeks a waiver by the County of approximately $3,000.00 in liens that exist upon the parcel. GROWTH 5L4, NAGEMENT: If the County enters into a settlement agreement along the lines outlined either in Exhibit A or Exhibit B, it eventually will lose all access or claim to Miller Boulevard Extension. At such time, the road would not be available for the County's use. At this time, the County's prescriptive easement over Miller Boulevard Extension has not been judicia~lly declared by a court. If those rights are upheld by a court, however, that will not stop the State's acquisition program or the Restoration Project from proceeding forward. At most, the County would ultimately gain some unknown and likely small amount of monetary compensation for an easement that will necessarily be eradicated as part o! that acquisition program. Accordingly, under any scen.ario, it appears the County will ultimately lose access to Miller Boulevard Extension. FISCAL IMPACT: If the County proceeds with the litigation, there will be a substantial expenditure of County Attorney and staff time in prosecuting the County's claim. Further, expert Federation is successful witnesses will need to be retained if the Florida Wildlife in'convincing the court that this case involves issues of AGENDA ITEM NO. DE; 1 1 2001 violations of the Federal Clean Water Act and the Federal Endangered Species Act. If these issues remain in the case, it is estimated that the case from this point could easily cost $20,000.00 or more to prosecute - unless the County is successful in a motion for summary judgment. If the County ultimately wins either at the summary judgment stage or following the trial, it is a certainty that both the State and the Florida Wildlife Federation will appeal. If the settlements are entered into, there will be the costs identified for maintenance and repairs to Miller Boulevard Extension. As Exhibit £ to both of the proposed two settlement agreement shows, that cost would be in the neighborhood of $,40,000.00 to $50,000.00 for the initial work, with possible expenditures of $2,500.00 to $4,000.00 for a periodic maintenance trip thereafter. This latter cost will be contingent upon the frequency and severity of washouts following the initial work to repair and maintain Miller Boulevard Extension. Transportation Operations has no money budgeted for this work at this time. Thus a budget amendment would be required. In addition, there will be a cost to the County in waiving its lien rights over the Miccosukee Indian Tribe property of approximately $3,000.00. RECOM~.IENI)ATION: That the Board consider settling the case of Collier Coun~~ v. Sheldon C. Marshal[, er al. Case No. 99-2009-CA-TB, along the lines proposed and also consider entering into a settlement agreement with the ~Miccosukee Indian Tribe and, if the Board elects to enter a settlement agreement, authorize the Chairman to sign all necessary settlement documents. PREPARED BY: Michael W. Pettit Assistant County Attorney APPROVED BY: David C. Wei=e'[' County Attorney h:/Public./Lidgatio~Open Cases/CC v..Marshall/exec sum ref settlement consideration.091401 4 AGENDA ITE~ "' Nc). _.~_~ DE2 1 1 2001 pg. IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff, Case No. 99-2009-CA SHELDON C. MARSHALL, JR., and PEGGY J. MARSHALL, BOBBY CLAY, TRUSTEE, WILLIAM P. HOOPER, AND JESSIE M. HOOPER, ROBERT R. DEVOSS, ANCIL R. GANN AND BETTIE L. GANN, P. L. OGDEN and JOYCE A. OGDEN, FLORIDA WILDLIFE FEDERATION, WILLIS C. LEMAN and LOLA M. LEMAN, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, JOHN A. PATIN and ROSMARIE PATIN, AVATAR PROPERTIES, INC., JUANITA B. JOHNSON, VIRGINIA JUANITA LEE, BEVERLY BARKER HUTTON, as Personal Representative of the Estate of STELLA E. BARKER or BEVERLY BARKER HUTTON and JAMES A. HUTTON, Defendants. SETTLEMENT AGREEMENT THIS AGREEMENT, entered into this day of ,2001, by and between COLLIER COUNTY (hereinafter "County"), the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, (hereinafter "Board of Trustees") and the FLORDA WILDLIFE FEDERATION (hereinafter "Federation") the parties hereto, Witnesseth: EXHIBIT 2 AGENDA GEM NO. _1 DE2 11 2001 Pg. '7 WHEREAS, the parties to this Agreement are and have been involved in litigation in an action pending in the Twentieth Judicial Circuit Court of the State of Florida (Case No. 99-2009- CA-TB) (hereinafter referred to as "the Lawsuit") wherein the County seeks to establish a prescriptive easement across property owned by Defendants the Board of Trustees and the Federation; and WHEREAS, the County seeks to establish said prescriptive easement along a certain unimproved dirt road connecting Miller Boulevard to U.S. Highway 41, and across the property of the Board of Trustees and the Federation in order to provide safe and reliable access for County and emergency vehicles into the area known as Southern Golden Gate Estates; and WHEREAS, the area known as Southern Golden Gate Estates, including the dirt road and the lands of Defendants Board of Trustees and the Federation are included within the Save Our Everglades Mega/Multiparcel state acquisition project which is ranked as a priority on the State of Florida's Conservation And Recreation Lands ("CARL") list and has been targeted for acquisition by the State of Florida pursuant to Chapter 259, Florida Statutes; and WHEREAS, the Board of Trustees has acquired 46,574 acres or approximately 85% of the land within Southern Golden Gate Estates, and the Board of Trustees has authorized the use of eminent domain to acquire remaining parcels within the first two phases of the project and will be requested periodically to approve the use of eminent domain to acquire the remaining parcels in all subsequent phases of the project, pursuant to Section 259.04(14), Florida Statutes; and WHEREAS, the Southern Golden Gate Estates Hydrological Restoration Project is an approved Comprehensive Everglades Restoration Project component identified under the Federal Water Resources Development Act of 2000; and AGENDA IIF-~ NO. DEC 1 1 2001 Pg. 2 WHEREAS, the land was purchased with State and Federal funds for the purpose of hydrological restoration to restore onsite wetlands and more natural water flows to the adjacent estuarine waters of the Ten Thousand Islands National Wildlife Refuge; and WHEREAS, once acquired by the Board of Trustees, the lands within Southern Golden Gate Estates will be the subject of a state/federal restoration project which will result in the intermittent flooding of much of the area with water, and will involve the removal of most of the improved roads within Southern Golden Gate Estates; and WHEREAS, upon the Board of Trustees' acquisition of substantially all of the remaining lots within Southern Golden Gate Estates and upon the restoration of Southern Golden Gate Estates, including the intermittent flooding of much of the area and the removal of Miller Boulevard and most of the other improved roads in the area, the County will no longer require access for County and emergency vehicles (e.g., law enforcement, fire, and ambulance) across the dirt road; and WHEREAS, public access to the area will be provided consistent with overarchine _ooals of natural system restoration and compatibility with maximizing the hydrological benefits of the project, as determined through the planning process to effectuate the design and implementation of the comprehensive Everglades Restoration Project; and WHEREAS, the parties are desirous of resolving the Lawsuit without need for further expense, litigation, delay, other proceedings, or expenditure of time; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the sufficiency of which is acknowledged by all parties, it is hereby stipulated and agreed by and between the parties hereto as follows: 1. As used in this Agreement, the following terms carry the associated definitions: AGENDA IIJ~M ...... NO. DEC 1 1 2001 3 a) b) c) d) e) The term "County" means Plaintiff, Collier County, and its successors, elected officials, officers, directors, attorneys, agents, servants, staff, employees, assigns, personal representatives, and legal representatives, and each of them. The term "DEP" or "Department of Environmental Protection" means the Florida Department of Environmental Protection and its successors, officers, directors, attorneys, agents, servants, staff, employees, assigns, personal representatives, and legal representatives, and each of them. The term "Trustees" or "Board of Trustees" means the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, which is a collegial body consisting of the Governor and Cabinet, and whose existence is reaffirmed under Section 253.001, Florida Statutes, and its successors, officers, staff, agents, attorneys, assigns and legal representatives and each of them. The term "Federation" means the Florida Wildlife Federation and its successors, officers, members, directors, agents, staff, employees, attorneys, assigns, personal representatives and legal representatives and each of them. The term "dirt road" means that certain unimproved dirt road running north/south between Miller Boulevard and US Highway 41 in Collier County and more particularly described in Exhibit "A" attached to this Agreement. The term "Board Property" means those lands title to which is held by the Board of Trustees and which is traversed by the dirt road, and more particularly described in Exhibit "B" attached to this Agreement. AGENDA I'[~,!~ NO. DEC ~1 2001 pg. g) h) i) j) k) 1) m) The term "Federation Property" means those lands title to which is held by the Florida Wildlife Federation and which is traversed by the dirt road , and more particularly described in Exhibit "C" attached to this Agreement. The term "Affected Lands" means all other lands not owned by either the Board of Trustees or the Federation which are traversed by the dirt road, and more particularly described in Exhibit "D" attached to this Agreement. The term "TUA" refers to the Temporary Use Agreement granted to the County by the Board of Trustees and the Federation pursuant to paragraph 2 below. The term A,reement refers to this Settlement Agreement entered into by the parties in the above-styled action. The term "Road Maintenance Plan" means that certain Plan prepared by the County describing the temporary improvements and maintenance of the dirt road during the life of the TUA set forth in this Agreement. At a minimum, the Plan shall include a detailed description of all temporary improvements and maintenance of the dirt road. See Exhibit "E". Southern Golden Gate Estates means all lands located south of Interstate 75 and north of U.S. Highway 41 and contained within the Save Our Everglades Mega/Multiparcel Parcel set forth in the Conservation and Recreation Lands 2000 Annual Report. The term "Restoration Plan" means the Southern Golden Gate Estates Hydrologic Restoration Project as currently drafted, or as may be modified in the future. The term "public" as used in this Agreement in no way whatsoever constitutes an admission or acknowledgement by the Board or the Federation to any historic use NO. J DEC I I 2001 or right of use by the public over Board and Federation property, said property being more particularly described in Exhibit "B" and "C" attached hereto. 2. TEMPORARY USE AGREEMENT: A Temporary Use Agreement ("TUA") is hereby granted by the Board of Trustees through its lawfully designated agent, the DEP, Division of State Lands, and the Federation (collectively referred to as "Grantors") to Collier County as follows: For the faithful and timely performance of and compliance with the terms and conditions stated herein, Grantors hereby grant to the County, a Temporary Use Agreement and Federation Property subject to the following terms and ("TUA") on Board Property conditions: a. Deleo_ations of Authority On Board Property: Responsibilities and obligations of the Board of Trustees under this TUA shall be exercised by the DEP. b. Commencement and Duration: This TUA shall commence on the effective date of this Agreement and upon its review and approval by the Big Cypress Basin Director, the Board of County Commissioners of Collier County and the Board of Trustees of the Internal Improvement Trust Fund. The TUA shall continue in duration until such time as the physical removal of paved portions of Miller Boulevard and Lynch Boulevard is completed as described in the August 30, 2000 letter from the DEP, attached as Exhibit "F". The DEP, as the Board of Trustees' agent under the TUA, shall give the County thirty (30) days written notice prior to completion of the stated road removal to allow the County sufficient time to prepare for the closing of the dirt road. c. Use of the Property: This TUA permits the temporary use of Board Property and Federation Property, as more particularly described in Exhibits "B" and "C" attached hereto, by the County for County and emergency vehicles and by the public. This TUA AGEN. D~A I/T~ NO. DEC 1 I 2001 6 ID.. also authorizes the County to perform temporary maintenance, improvements, and repairs to the dirt road subject to the conditions set forth herein, and as more particularly described in the Road Maintenance Plan attached as Exhibit "E" hereto, in order to provide for and maintain temporary; access and safer passage along the dirt road for County and emergency vehicles such as ambulances, Sheriff's vehicles or independent fire district fire vehicles and the public. No other use or activity by the County or public shall be allowed. d. Use of Property and Undue Waste: This TUA shall be non-exclusive. The Board of Trustees and the Federation or their authorized agents shall retain at all times the right to enter upon the lands covered by this TUA or engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the lands covered by this TUA to third parties during the term of this TUA. The County shall not commit undue waste to the lands subject to the TUA. The County shall clear, remove and pick up all debris resulting from any work performed by the County to maintain or improve the dirt road including, but not limited to, mud containers, oil containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clear and free of any such debris. The County shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, chemicals or other agents produced or used in the County's operations, upon any of the lands covered by this TUA. e. Temporary Improvements: ~ Pursuant to this TUA, the County shall have the right to perform temporary improvements and maintenance on the dirt road. Pursuant to this TUA, the County is expressly prohibited from paving the dirt road or any portion AGENDA IJ'EM NO. DEC 11 2001 7 pg. thereof. The County is further prohibited from raising the overall elevation of the dirt road or constructing ditches, culverts or other improvements along the dirt road that impede or .divert the natural flow of water across the Board, Federation and Other Properties. The temporary improvements to the dirt road shall be limited to the filling or repair of potholes and depressions which prohibit or impede the passage of County and emergency vehicles along the dirt road, as is described in Exhibit "E". f. Permits and Road Maintenance Plan: This TUA does not exempt, waive or otherwise excuse the County from obtaining any required state, federal and local permits for any maintenance or repairs the County seeks to perform along the dirt road. Any application for permits to perform any maintenance or temporary repairs or improvements to the dirt road shall be limited to the work specifically described in the Road Maintenance Plan attached to this Agreement as Exhibit "E". The Road Maintenance Plan must be submitted for review and comment by the Big Cypress Basin Director prior to any work or any application for permits to perform the temporary repairs and improvements provided for under the TUA. The Road Maintenance Plan as attached hereto, may be modified by the County as a part of the permitting process, with the written consent of all signatory parties to this Agreement and the written consent of the Big Cypress Basin Director. Neither the DEP, the Federation nor the Board of Trustees shall object to any permit application, notice to issue a permit, or permit sought or obtained by the County provided that the maintenance or repairs that are the subject of such permit application are limited to the work more particularly described in the Road Maintenance Plan and otherwise conform to the agreements set forth in paragraph 2.e. above. AGEN, D..,A I~ NO. ~ DEC 1 1 2001 IH' o Expansion of TUA To Other Affected Lands: The parties agree that this TUA will automatically expand to include all Affected Lands in which an interest is acquired by the Board of Trustees during the term of this TUA. When the Board of Trustees acquire an interest in any Affected Lands during the term of this TUA, the County shall provide a release of all prescriptive easement rights over said Affected Lands to the Board of Trustees prior to any closing between the Board of Trustees and the owner of said Affected Lands to be acquired. This provision shall also apply to an interest in any Affected Lands acquired by the Board of Trustees through tax deed sales, public auctions, probate proceedings or eminent domain proceedings. The Board of Trustees shall provide the County with at least 45 days written notice prior to the date the release is required. The County also agrees to assign to the Board of Trustees any easement or other rights over the dirt road it may have already acquired or does acquire in the future (except to the extent the County acquires any rights over what is sometimes referred to as the Bobby Clay parcel by agreement with the owner and the owner objects to such an assignment), provided that such rights once assigned shall remain subject to and become part of this Agreement and the TUA. Any such assignments will occur by separate instrument to be executed by the County and the Board of Trustees. ho Abandonment/Vacation of Dedicated County Roads: In consideration for the covenants and agreements set forth in this Agreement, the County agrees te--,gi-ve ............. n to abandoni-a,g or vacateh:~=, any rights, interests, ownership or responsibilities it may have over Miller and Lynch Boulevards (located within Southern Golden Gate Estates) upon the written re( uest of the state or federal AGENDA ITEM NO, DEC 1 I 2001 pg. agency responsible for the construction and implementation of the Southern Golden Gate Estates Hydrologic Restoration Project within Southern Golden Gate Estates, provided that: -1-:--~No such request shall be made prior to the acquisition by the Board of Trustees of all properties abutting either of these roads in Southern Golden Gate Estates (with the exception of property owned by the Miccosukee Indian Tribe, in which case the Board of Trustees may acquire less than a fee interest but shall still acquire an interest of a type defined by Section 259.041 (11)(b)) and no sooner than sixty (60) days prior to the advertisement for bids for that phase of the construction involving the physical removal of Miller and Lynch Boulevards in the Southern Golden Gate Estates. In '~ ...... '~ ~' such ....... ' .... ' 5~ made in ..,.4,:~, by '~' ....... .4~, ........ and 'h~ r- ..........;II csnside~ any such request at a ,~ ..... j ................................. ~ ................. J 2. Access for the public of the level and quality, e.g. paved and ~raded roadway, cu~ently available to prope~y owners on or around Sabal Palm Road shall continue to be available on or from Miller Boulevard south to and across the 78th Avenue SE/Sabal Palm Road intersection with Miller Boulevard. 3_. Access for the public on or from Miller Boulevard south of the 78th Avenue SF_JSabal Palm Road intersection with Miller Boulevard to the location of the current intersection of Miller and Lynch Boulevards Shall continue to be available, but only at natural grade and such access need not be paved nor improved beyond natural grade. AGENDA I .-r/F~'~ NO. 1 1 2001 1o i. Property Rights: The County agrees and it is hereby expressly stipulated that this TUA constitutes permissive use only and the placement of any improvements or repairs on the property pursuant to this TUA shall not operate to create or vest any property right in said holder except during the duration of the TUA and shall not conflict with the conservation, protection and enhancement of said lands. j. Assignment: This TUA shall not be assigned or otherwise transferred in whole or in part without prior written consent of the Board of Trustees and the Federation. Any assignment or transfer made either in whole or in part without the prior written consent of the Board of Trustees and the Federation shall be void and without legal effect. k. Breach of Covenants, Terms or Conditions: Should any party breach any of the covenants, terms or conditions of this TUA, the aggrieved party to this Agreement shall give written notice to the breaching party to remedy such breach within 30 days of its discovery. In the event that the breaching party fails to remedy the breach within 30 days of receipt of written notice of the breach, the aggrieved party may seek specific performance of the TUA's terms and conditions as described in paragraph 5 of this Agreement. 1. Liability: Subject to the doctrine of sovereign immunity as limited by Section 768.28, Fla. Stat., and if and to the extent otherwise permitted by Florida law, the County agrees to hold the Board of Trustees and the Federation harmless for any liability arising from any negligence of the County in performing work or maintenance on the dirt road pursuant to this Agreement. AGENDA IT~_M No. DEC 1 1 2001 Pg.., 17 1! 3. The parties agree to an abatement of the proceedings in the above-styled matter pending approval of the TUA in paragraph 2 of this Settlement Agreement by the Board of Trustees, the Board of County Commissioners of Collier County and the Big Cypress Basin Director. 4. Upon final approval of this Settlement Agreement pursuant to paragraph 13 below and final approval of the TUA contained in paragraph 2, the County shall file a Notice of Voluntary Dismissal With Prejudice in the Lawsuit within 10 business days. However, this paragraph shall not apply to the County's pending claim against Bobby Clay, including any separate action brought against Bobby Clay or his successor in title or to any claim relating to any parcel across which the dirt road runs that is not currently owned by the Board of Trustees, the Federation, or that is not in contract with the Board of Trustees or that is not a subject of a stipulation with the County in the Lawsuit. 5. Upon final approval of this Agreement pursuant to paragraph 13, and approval of the TUA contained in paragraph 2 above, the County hereby unconditionally and fully releases, remises, acquits, satisfies, and forever discharges the Board of Trustees and the Federation from any and all claims alleged by the County in Case No. 99-2009-CA-TB and from any other claims of any interest whatsoever in the lands that are the subject of this Agreement. Likewise, and also upon the final approval of this Agreement as provided in paragraph 13 and final approval of the TUA contained in paragraph 2, the Board of Trustees and the Federation hereby unconditionally and fully release, remise, acquit and forever discharge the County, from any and all claims or defenses they have alleged or could have alleged in the Lawsuit, i.e., Case No. 99-2009-CA-TB. Upon final approval of this Agreement and the TUA, all parties also hereby expressly acknowledge and agree that any remedies they may have one against the other in this matter will be limited to an action for specific performance of the terms AGENDA IIE~ DES 11 2001 and conditions of this Agreement and the TUA, to be brought only in the venue of the Circuit Court for Collier County, Florida. 6. The Board of Trustees agrees that the Federation Property shall be the last property to be acquired by the Board of Trustees within the Southern Golden Gate Estates portion of the Save Our Everglades CARL project. Within 30 days of the Board of Trustees' acquisition of an interest in all remaining lots within Southern Golden Gate Estates, the Federation agrees to convey fee simple title to the Federation Property to the Board of Trustees at the DEP approved appraised value for said Property. 7. The parties hereto affirm that they have freely and voluntarily entered into this Agreement, fully intending to be bound by it. All parties stipulate that they have been represented by counsel of their own choosing and have been fully advised as to the terms and effect of this Agreement. The parties further agree this instrument shall be governed by, and construed and interpreted in accordance with the laws of the State of Florida, except that the parties agree that no provision or term of this Agreement, whether ambiguous or not, is to be construed against any party either on the ground that the party physically drafted the provisions or term or that the party benefits from the provision or term. 8. The parties hereto agree and covenant that this writing comprises the full Agreement and that no other terms or agreements exist other than as set forth herein. 9. Each party agrees that if any'term, provision, covenant, or condition of this Agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be declared to be invalid or unenforceable, the remainder of this Agreement, or the application of such a provision, term, covenant, or condition to any other person, entity, or circumstance, shall not be '~GENDA II'EM D:'2 11 2001 .g.. lq 13 affected thereby, and each other provision, term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by the law. 10. All parties agree to bear their own attorneys' fees and costs incurred in or in connection with the Lawsuit. 11. Failure of any party to insist upon strict performance of any covenant, condition or right in this Agreement or to exercise any right herein contained, shall not be construed as a waiver or relinquishment of that or any other covenant, condition or right of the performance of same, but all shall remain in full force and effect. 12. All notices required to be given to the County shall be deemed given provided that they contain a specific reference to this Agreement, clearly state the purpose of the notice and are sent by facsimile and first class U.S. Mail to: David C. Weigel County Attorney 3301 East Tamiami Trail Naples, Florida 34112 Facsimile No. 941-774-0225 and All notices required to be given by the County shall Rob Lovern Dept. of Environmental Protection 3900 Commonwealth Blvd. Mail Station 100 Tallahassee, FL 32399-300 Facsimile No. 850-922-6009 and Tom Olliff County Manager 3301 East Tamiami Trail Naples, Florida 34112 Facsimile No. 941-774-4010 be given to: Nancy Payton Florida Wildlife Federation, Inc. 2590 Golden Gate Pkwy., Suite 109 Naples, FL 34105 Facsimile No. 941-643-5130 13. This Agreement remains contingent upon the final approval of the Board of County Commissioners of Collier County and the Board of Trustees of the Internal Improvement Trust Fund and upon approval of the TUA set forth in paragraph 2 of this Agreement by the Board of County Commissioners of Collier County and the Big Cypress Basin Director. If this AGENp~A biO. _~ . I1 2001 14 Agreement and the TUA are not approved by all of the necessary entities on or before Novemb~ ~ .... January 31 2001, this Agreement shall be void and the parties agree that Case No. 99- 2009-CA-TB may be placed back on the trial calendar. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Eva Armstrong, Director, Division of State Lands, Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund By: James D. Carter, Ph.D., CHAIRMAN Date: DATED: ATTEST: Dwight E. Brock, CLERK Date: For the Board of Trustees: STATE OF FLORDA COUNTY OF LEON The foregoing instrument was acknowledged before me this __ day of ,2001, by Eva Armstrong, Director, Division of State Lands, Department of Environmental Protection, AGEND~ I'Imm" ' No. DEC 1 1 2001 Pg. 15 as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public Printed/Typed Name of Notary Commission No.: Commission Expires: FLORIDA WILDLIFE FEDERATION By: Nancy Payton Field Representative On Behalf of Florida Wildlife Federation For the Florida Wildlife Federation: STATE OF FLORDA COUNTY OF The foregoing instrument was acknowledged before me this Payton. He/She is personally known to me or has produced day of ,2001, by Nancy as identification. Notary Public PrintedFfyped Name of Notary Commission No.: Commission Expires: h:/Public/Litigation/Open Cases/CC v. Marshall/settlement a~eement.amended 120301 ref whereas c ~uses from revised by mwp 113001) DEC 1 1 2001 16 ~1~ -~ '~ ~.i I :~ ~.~ i ~ i ~' ~"~ ~ , -,~ ..................... ~ F. NDA ITEM DEft 11 2001 Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B. Struhs Governor Tallahassee, Florida 32399-3000 Secretary SGGF_-/MILLER BOULEVARD EXTENSION STATE OF FLORIDA .OWNERSHIP IN FORMATION SURVEY PARCEL # ID # Owner ::~':::":~:': .' --':~::::':':':' ;"':' .... ::: ':': ::':: ::': .................. :::-~::::::' ....................... : ............ ~' :'??:::'~:i~::':'?~ ::::::~::~::~?::::.::::::::::::::::::::::::::::::::::::: ~~ B~::~~f:~l~ ~le. ~:... ~.: .~: ::::::: Revised 8/1 ~J01 "More Protection, Less Proc' " Printed on ~ecycJed paper. ~ , AGENDA IIEM NO. DE; 11 2001 Page 1 of 1 E X HIBll B LOT #: 62 FOLIO No.: OWNER(S): F{orida Wildlife Federation LEGAL DESCRIPTION OF ENTIRE LOT: SE '~ of SW '~ of SW 'A LEGAL DESCRIPTION AND SKETCH TRAVERSES LOT 62: Section 25, Township 515, Range 27E, N Y~ of OF MILLER BOULEVARD EXTENSION AS IT A PORTION OF TI-[E SOU"r~IWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP $1 SOUTH, RANGE 27 EAST, COLLIER COUN'I~, FLORIDA AND BEING MORE PARTICULARLY DESCPdBED AS FOLLOWS; COMiM~NCING AT THE SOLrTHWEST CORNER OF SAID SECTION 25; THENCE NORTH DEGREES 02 NGNUTES 06 -~ECONDS EAST ALONG TH]5 SOU'TN LINE OF SAID SECTION 25. A DISTANCE OF 67&86 FEET; THENCE NORTH I DEGREE 10 MINUTES 59 SECOND-<~ WEST, A DISTANCE OF 332.0! FEET; THENCE CONT[NUTNG NORTH ALONO SAID LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; T~ENCE CONTINI3ING NORTH ALONG SAID LINE, A DISTANCE OF 69.00 FEET; T]'[~NCE NORTH 16 DEGRJ~ES 36 ~ 21 SECONDS EAST. A DISTANC~ OF t§1.52 FEET; THENCE NORTH ~ l DEGREES 46 MINUTES 29 SECONDS EAST, A DISTANCE OF 40.20 FEET; THENCE NORTH 10 DEGREES 5S ~ffNUTES 44 SECONDS EAST. A DISTANCE OF MINUTES 0~ SECONDS EAST. A DISTANCE OF DEGREES 40 MINUTES 40 SECONDS ',VEST, A DIS-TANCE OF 51.50 FEET; 'Ti[ENCE SOUTH 11 DEGREES 46 MINUTES 29 SECONDS WEST, A DISTANCE OF 40.20 FEET; THENCE SOUTH 15 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 22~37 FEET TO T]n~ POIq~'T OF BEGINNING: BASIS OF BEAP.3NGS IS NORTH 89 DEGREES 02 MINUTES 06 SECONDS EAST. ]vflLLE R 62 N.10*SB'44"E. Iq. 1 ":E~~/S. 11 '46'29"W. 40.2o, o 226.g7' 75 .....~ P,n,B, 161.52' ~e$% Line /k_9~ c. 25 "-P O C, ~ 89'02'06 $.W. Corner 678.86' Sec. 25, Twp. 51So Rcje. 27E. S.89'03'34"W. 679.55' '~South Line Sec. 25 18 62 AG EN,D.~ 17..EM' NO. _Lt~_~r2_ DEC 11 2001 E X EIBIT C PROPERTY OWNERS AS OF SEPTEMBER 12, 2001 Owner as of 9/12/01 Folio Number Parcel Number Leman, Willis & Lola 0077132000/6 21 Hutton, Beverly & James 0077392000/6 86 DeVoss, Robert R. 0077388000/7 85 Marshall, Sheldon & Peggy 0077676000/1 15 Hooper, William & Jessie 0077996000/2 95 Miccosukee Tribe of Florida 0077628000/2 3 EX t~[BIT D DEC I I 20131 Pg. _~ ~ ":" MemorandUm " Michael Pettit .. Assistant County Attorney · From: Edward J. Kant PE, Transportation Operations Director Date: May 1,2001 Subject: Dirt Road in Eastern Collier County Otherwise knoWn as "k;liller Boulevard Extension" WA offer the following management plan for thc initial work necessary to make Miltcr Boulevard Extension reasonably passable and to maintain it in that condition: 1. Inidal placement of silt fence and fill for significandy deep holes (greater than 12" maximum depth at deepest point). 2. Placement of initial fill in depressions and holes, followed by compaction of placed fill and grading of filled 3. Periodic maintenance of the roadway along its entire length from US 41 East north to its intersection with Lynch Boulevard. Maintenance activities will consist of occasional replacement of fill as a consequence of severe w~houts, followed by grading and rolling of the placed fill material. Wc anticipate filling the depressions, grading and rolling about 10 dmcs annually. This program is not meant to providc fill material to a point where there arc no washouts or potholes, and does not include any culvert crossings. We believe the foregoing program is the absolute minimum work necessary to assure rca.sonable access for most of the year. We cannot, however, provide any type of guarantee that the road or trail will be pas,sable every day of thc year. Significant storm events may preclude the minimal maintenance program anticipated by this management plan, and there may be periods where only four-wheel drive ~chiclcs can safely navigate thc entire read/trail. Thc initial work would take about 3-4 weeks and will cost about $40,0(10-$50,000. Most of thc cost is for fill material and trucking. Periodic maintenance costs will vary depending upon thc severity of washoat~, but will most likely avcrage fi.om $2,500-$4,000 per visit. There is no specific budget for any of this work and wc cannot do anything until thc BCC approves both thc work program and budget, based on prior BCC direction. The follo .wing page conmim sketches depicting thc types of depressiom, potholes art washouts we anticipate will -. :~ be repaired and thc method of repair. Please advise if you nccd any additional information or dctails. CC: Transportation Operations Department E X ltIBI~ E AGENDA IIE~ No. DEC 11 20 Pg. ~ , PROPOSED MANAGEMENT FOR DIRT ROAD KNOWN AS "MILLER 'r~..!c~ ~E~, ~.~ ~. ~ ~ 0~' CO~ CO~ 5/08/01 '- ~~ ~ s~:t ~ ~ ~_ ~ PLAN EXAMPLES BOULEVARD EXTENSION" I of 1 DEC 1 -1'25. dwg D epa rt m ent of Environmental PrOtection ' Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 David B. Struhs Secretary August 30, 2000 Michael W. Pet-tit, Esq., Office of the County Attorney 3301 East Tamiami Trail, 8m Floor Naples, Florida 34112 RE: Southern Golden Gate Estates Mr. Pet-tit, Please find enclosed the summary of the Proposed Hydrologic Restoration Plan for Southern Golden Gate Estates. The plan calls for removal of 130 miles of roads within Southern Golden Gate Estate, including virtually all roads south of 66th Avenue, SE. Roads designated for removal are indicated by the broken or dashed lines. As you can see, Miller, Lynch, Stewart and Everglades Boulevards will be completely or almost completely removed. If you have any questions, please feel free to contact me at (850) 488 - 9314. Senior Assistant General Counsel AJB/yw Enclosure EX }rrRl~ t~ "Prote~ Conserve and ~lancge Ftor;da's ~3vircnrnent and l'ia:urei R~so~'rces" Pdnted on recycledDaoe~ AGENDA bT,, EI~ DEC 1 1 20 PROPOSED PLAN FOR HYDROLOGIC RESTORATION OF SOu'rH~:~d~ GOLDEN GATE ESTATES IN COLLIER COUNTY, FLORIDA i ~. SOUTHERN %~.~ ~. ~ ESTATES LocAtion: South central Collier County, south of 1-75 and north of U.S. 41 between the Belle Meade area and the Fakahatchee Strand State Preserve. Description: , Southern Golden Gate Estates ($GGE) encompasses an area of approximately 94' square miles and is part bf a bankrupt real estate development project called Golden Gate Estates undertaken in the 1960's. Prior to development, the area was'characterized by seasonal flooding several mont~s of the year and broad, slow moving sheet flow sustained wetland vegetation and rejuvenated freshwater aquifers. The network of roads intercepts the historic flowways. Forty-eight n~les of canals overdrains the landscape and quickly diverts surface and groundwater flow to a Point discharge into the Fake Union Bay, thus damaging the ecology of the Ten Thousand Islands estuary. SGGE was identified in 1985 as a component of the Governor's Save our Everglades program and included in the State's CARL (Conservation and Recreation Lands) program. Land acquisition, which is a key component of the restoration, is being achninistered by the Florida Department of Environmental Protection, Bureau of Land Acquisition. Ecological Im=portAnce: The western Everglades system, including SGGE, contains some of the most biologically diverse plant and wildlife communities on the North American continent. SGGE serves as the headwaters of the central portion of the Ten Thousand.Islands National Wildlife Refuge and is surrounded on three Public.lands,-including the.Florida Panther National.Wildlife Refugg. -A-(~E~AITEM'. Meade CARL project. DEC I i · Reestablish historic flo~ays, sheetflow and hydroperiods of wetlands to near historic levels · Reduce point discharges to ~mprove the health 'and productivity .of downstream estuaries' · Main~aim flood protection for developed areas north of the " 'I.mprove aquifer recharge for water supply and.a salt water intrusion barrier ~. ' · Restore and enhance habitat for .fish and wildlife resources including listed Species such as the Florida panther, Florida black, bear and wood stork, as well as rare habitat such as tropical hammocks and plant species including orchids and bromeliads Preserve upland habitat ..~. . · Control invasive exotic plants -': '~ Improve water quality of stor~.water runoff Reduce or eliminate overdrainage of adjacent, sensitive ec~syste~ Provide resource based recreational opportunities Provide contiguous habitat conservation for.the greater-EvergladEs ecosystem including the Florida Panther National Wildlife.Refuge, Fakahatchee Strand State Preserve, Ten Thousand Islands National Wildlife Refuge, Collier Senlinole State Park and the Belle Meade CARL area. Components of the Proposed Hydrologic Restoration Plan: · Land Acquisition of approximately 55,000 acres, · construction of 2.4 miles of Spreader Channels, 83 Canal Plugs, 130 miles of Road Removal and Regrading, and 3 Pumping Stations with a total combined capacity of 890 Horse Power, and combined discharge capacity of 860. cfs, · .Ecological and hydrologica1' monitoring program to determine effectiveness, · Adaptive management to ensure desirable ecological responses. USDA Natural Resources Conservation Service Watershed Planm~ngAssist~nce: The USDA Natural Resources Conservation Service (NRCS) and the South Florida Water Management District (SFWMD) have a cooperative agreement to collect ~ additional baseline data and conduct a hydrologic modeling effort to predict changes to vegetation due to water level changes after restoration. This project is being guided by a mUlti-disciplinary pr6ject team with representatives from the.USDANRCS, SFWMD, Florida Game and Freshwater Fish Commission, U.S Army Corps of Engineers(COE}, U.S Fish and Wildlife Service, Florida Division of Forestry, Florida Park Service, Florida Department of Environmental Protection and the Conservancy of Southwest Florida. T~l-m-ntation : The project is being proposed for implementation as a Critical Ecosystem Restoration Project under, the Water Resources Development Act of 1996 funding initiative through a.partnership of the COE and SFWMD. Estimated Project Implementation cost is $15.6 Million. Manag--~nt Plan Florida Division of Forestry is responsible for management of the public lands in SGGE, known as the Picayune Strand State ~orest. Management will emphasize invasive exotic plant control, habitat conservation, nature appreciation and recreation including fishing, camping, hiking, nature study and hunting. 'm ~GENDA ITEM ' For more information.regarding the SGGE restoration project, contact-the Division of Forestry at (941)352-4212'or ~he Big Cypress Basin at (9~i)59: 15o5. Revised 2/9 DEC I 1 2001 66th' Av:nue SE 0 LEGEND _ N ROAD RENIOVAL -. ~ SPREADER CHANNEL [] PUMPSTATION NH Sl'RU CllJRE ,--- C,a~N AL BLOCK WEIR AGENDA ITEM NO I~._" ... D~-t-1:20[ FIGURE 1. Recommended Plan Southern Golden Gete Estates Hydrologic Restorot[cn ..! EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE SATISFACTION OF LIEN FOR PUBLIC NUISANCE ABATEMENT RESOLUTION NO's 92-203 and 92-638. OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for liens previously assessed by the Board of County Commissioners by Resolution N0's. 92-203 and 92-638 CONSIDERATION: This request is on behalf of Mr. Michael Valentine current owner of record of the lot identified in the above noted Resolutions. The current owner purchased the lot from the Personal Representative of Pansy M. Walker (deceased), who had a Life Estate in the parcel. Upon the death of Pansy Walker the property transferred to the tenants in common by operation of law. Mr. Valentine purchased the property from the tenants in common and had an attorney research the property to determine if there were any claims on the property. Due to the timing of the transfer and the purchase by Mr. Valentine, there were no claims in the name of the then "Seller". In October 2001, our collection bureau advised Mr. Valentine that there was an outstanding claim on this property. Mr. Valentine has paid in full the principal amounts of the noted resolutions totaling $2,445.00 to demonstrate his desire to maintain the property and ask that the interest portion, in the amount of $3,645.76 be forgiven. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be $6.00 per Satisfaction for a total of $12.00 and can be paid from the Code Enforcement account. GROWTH MANAGEMENT IMPACT: No impact anticipated RECOMMENDATION: That the Board release the acrued interest associated with Resolution NO.'s 92-203 and 92~638 and approve the attached Satisfactions of Lien for the cost of the abatement of a public nuisance, as recorded in the Official Records of Collier County, Florida. SUBMITTED BY: ~ ~/'~~~ ~ Date: · ~ Janet L. Powers, Operations Manager _ Michelle Arnold, Director Code Enforcement ,MoPROVED BY: ~c~,/za~,,,,~ ~~/] Date: John M. Dunnuck III, Interim Division Admini: r-~tor DEC 11 2001 This instrument prepared by: Patrick White Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 61842640007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien by Resolution No. 92-638 against: Pansy M. Walker, Life Estate Sara N. Smith Margaret J. James Doris M. McMillan Catherine Y. Knapp Jerry M. Walker The lien was recorded on January 4, 1992 in Official Record Book 1785, Page 812, of the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Beginning at Northeast comer of Lot 129 of Naples Grove and Truck Company's Little Farms No. 2, Plat Book 1, Page 27, Collier County Records: thence Westerly along the North Line of Lot 129 a distance of 340 feet to the point of beginning; thence Easterly along North line of Lot 129 a distance of 100 feet; thence Southerly and parallel with the East line of Lot 129 a distance of 165 feet; thence Westerly a distance of 100 feet; thence Northerly 165 feet to the point of beginning. REFERENCE: 20730-116 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges partial payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. hN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter,Ph.I~hairman ~ENOA ITEM DEC 1 1 2001 EXECUTIVE SUMMARY TO APPROVE A RESOLUTION ENDORSING THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. OBJECTIVE: Approve a Resolution that endorses the Empowerment Alliance of Southwest Florida Community Development Corporation (CDC) in Immokalee as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. CONSIDERATIONS: On 3/28/95, the Board enacted Ordinance #95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. Immokalee was then designated as such by the State effective 1/1/97. The State also authorized the Community Contribution Tax Credit Program as part of this program whereby a Florida corporation can receive a tax credit equal to 50% of the value of a contribution to a State approved community development project located within the Enterprise Zone. The Empoxverment Alliance CDC is a non-profit agency, located in Immokalee, FL, EZ #1101. Its focus is increasing the supply of decent and affordable housing to Immokalee residents. The CDC is the sponsoring organization applying for this approval with the intent of soliciting monetary and/or other construction supplies and services to develop 40 affordable single-family homes in southeast Immokalee. The project is consistent with the overall intent of the hnmokalee Area Master Plan. The proposed sponsoring agency must include a resolution of support from the local government when submitting their request to the Governor's office for this designation. The resolution was recommended for approval by the Chairman of the Immokalee Enterprise Zone Development Agency. This will be the seventh Immokalee organization to request this designation. FISCAL IMPACT: There is no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATIONS: To endorse the Empowerment Alliance CDC as a sponsoring agency under the Community Contribution Tax Credit Program and authorize the Chairman to sign the attached Resolution. I ; /~ i ,.~ j/~~.t,c.d...., _ PREPARED BY: II 1~2/,.~ !,. _ ](- c:~-- O{ ~ ~tielene Caseltine, E.D. Manager Date Housing and Urban Improvement '~- O~'eg Iv~alic,~Dire~tor Housing anti Urban Improvement AP OVE Y: John'~l. Dunnuck III, Interim Administrator Comrfiunity Dev. & Environmental Services Date AGENDA ITEM DEC 1 1 2001 pg. RESOLUTION 01- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the Board of County Commission enacted Resolution #95- 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated the Immokalee area as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the State encourages the participation of private corporations in revitalization projects by granting either partial state corporate income/franchise tax credits, sales tax credits, or credit towards insurance premium taxes to corporations that contribute resources to public redevelopment organizations for the revitalization of enterprise zones; and WHEREAS, the State authorized the Community Contribution Tax Credit Program, under Section 220.183, Florida Statutes, which allows any Florida corporation to receive a tax credit of 50 percent of the value of the donation (not to exceed $200,000 in any one year) against any corporate income/franchise tax, sales tax, or insurance premium tax due for a taxable year for contributions to a State approved community development project located within the Enterprise Zone; and WHEREAS, the Empowerment Alliance of Southwest Florida Community Development Corporation (The Empowerment Alliance of Southwest Florida), a non-profit organfzation incorporated in the state of Florida, operates within the Immokalee Enterprise Zone and meeis the criteria as a sponsoring organization under Section 220.03(1)(t), Florida Statutes; and WHEREAS, the Empowerment Alliance of Southwest Florida's project is consistent with the overall intent of the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, the Empowerment Alliance of Southwest Florida, is the sponsoring organization applying for approval as a State approved Community Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOA COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: DEC 11 2001 P~:. ~ The Empowerment Alliance of Southwest Florida project, as described in Attachment A, is consistent with the Collier County Growth Management Plan and the Immokalee Area Master Plan. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Clerk James D. Carter, Ph.D., Chairman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: t; !~'~' ",i "(~-~.' ' ' ~,' v/ \', , Patrick G:"White Assistant County Attorney BEC 1 1 2001 Attachment "A" The Empowerment Alliance of Southwest Florida Community Development Corporation is a 501c(3) non-profit organization. Its mission is as follows: The Empowerment Alliance of Southwest Florida, a Round II Rural USDA Enterprise Community, under the leadership of the Community Foundation of Collier County, is working toward economic self-sufficiency and improved quality of fife for Southwest Florida's designated rural Enterprise Community located in Immokalee and eastern Hendry County. To implement this mission, one area the Empowerment Alliance will focus on in Immokalee involves increasing the supply of decent, affordable housing. The Empowerment Alliance will purchase land in south Immokalee from the Collier County Housing Authority and will develop 40 affordable single-family homes. The Empowerment Alliance, in cooperation with the Collier County Extension Service, will identify and qualify potential homebuyers and assist them in finding suitable financing for their homes. The benefits of this project include construction of safe, affordable homes in the Immokalee community and the opportunity for 40 families to purchase their own homes and achieve greater financial self-sufficiency. Donations to be sought for this project include cash, building materials, construction supplies, donated services related to construction, site preparation, and credit readiness, furnishings (appliances and household goods), etc. All donations will be used to reduce the cost of the homes to make them as affordable as possible. DEC 1 ! 2001 EXECUTIVE SUMMARY ADOPT RESOLUTIONS ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS OB.JECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summar~y Lien Amount a. Violation determined 07/09/01 b. Notice of Violation served order expired c. Notice of Violation Posted 08/13/01 2001070360 Benjamson, Lillian E. d. Unabated nuisance verified 08/27/01 $255.00 e. Nuisance abated with public funds 08/31/01 f. Owner invoiced for costs 09/07/01 a. Violation determined 07/10/01 b. Notice of Violation served undeliverable c. Notice of Violation Posted 08/06/01 2001070462 Carvajal, Luis A. & d. Unabated nuisance verified 08/17/01 $255.00 Patricia A. e. Nuisance abated with public funds 08/30/01 f. Owner invoiced for costs 09/07/01 a. Violation determined 07/18/01 b. Notice of Violation served undeliverable c. Notice of Violation Posted 08/08/01 $255.00 2001070795 Crawford, Henry d. Unabated nuisance verified 08/20/01 e. Nuisance abated with public funds 08/30/01 f. Owner invoiced for costs 09/07/01 DEC 1 1 2001 a. Violation determined 08/16/01 b. Notice of Violation served undeliverable c. Notice of Violation Posted 08/21/01 2001080754 Daniels, Phleany M. & d. Unabated nuisance verified 09/12/01 $255.00 Brown, Jennifer L. e. Nuisance abated with public funds 10/02/01 f. Owner invoiced for costs 10/08/01 a. Violation determined 08/16/01 b. Notice of Violation served 08/23/01 c. Notice of Violation Posted n/a 2001080735 Dominguez, Julio d. Unabated nuisance verified 09/12/01 $255.00 e. Nuisance abated with public funds 09/20/01 f. Owner invoiced for costs 10/05/01 a. Violation determined 05/31/01 b. Notice of Violation served undeliverable c. Notice of Violation Posted 07/13/01 2001060229 EMC Holdings, Inc. d. Unabated nuisance verified 07/30/01 $255.00 e. Nuisance abated with public funds 10/12/01 f. Owner invoiced for costs 10/18/01 a. Violation determined 04/15/01 b. Notice of Violation served no green card 2001041188 Gillis, Albena J. c. Notice of Violation Posted 05/16/01 $450.00 d. Unabated nuisance verified 05/29/01 e. Nuisance abated with public funds 06/15/01 f. Owner invoiced for costs 06/19/01 a. Violation determined 01/02/01 Platt, Benny, G.H., b. Notice of Violation served unclaimed c. Notice of Violation Posted 02/13/01 $790.00 2001010564 Russell, Norman, Earl, d. Unabated nuisance verified 02/13/01 & Lavonia Burton e. Nuisance abated with public funds 03/29/01 f. Owner invoiced for costs 04/09/01 a. Violation determined 10/04/99 Scherer, William C., & b. Notice of Violation served 10/07/99 c. Notice of Violation Posted 10/29/99 1999100280 Irene K. d. Unabated nuisance verified 04/13/00 $245.00 e. Nuisance abated with public funds 12/29/00 f. Owner invoiced for costs 06/05/00 a. Violation determined 08/16/01 b. Notice of Violation served no green card c. Notice of Violation Posted 09/11/01 $255.00 2001080753 Spielfogel, Catherine M. d. Unabated nuisance verified 09/21/01 e. Nuisance abated with public funds 10/02/01 f. Owner invoiced for costs 10/16/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $3,270.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $125.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Iliana Martinez, Customer Service Specialist Code Enforcement DATE: REVIEWED BY: Janet ~;owers, Operations Manager Code Enforcement DATE: SUBMITTED BY: Michelle Edwards Arnold, Director Code Enforcement DATE: Johnl~Vl. Dt~nnuck III, Administrator Community Development & Environmental Services DATE: DEC I 1 2001 BOARD OF COUNTY COMMISSIONERS TItROUGIt ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORII)A LEGAL NOTICE OF ASSESSMENT OF IAEN BENJAMSON, MARTIN I. & LILLIAN E. DATE: 6300 YORK AVE S APT #208 EDINA, gin 55435 REF. INV.# 1955 FOLIO #: 36385240009 LIEN NUMBER: LEGAl. DESCRIPTION: Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County', Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained hy the office of the Property Appraiser, are hereby ad,,ised that the Code Enforcement Director, did on August 27, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: ~,VEEI)S: ACCUMULATION OF XVEEI)S, GRASS, OR OTtlER NON-PROTECTI..'D OVi,~RGP, OWTIt IN F~XCESS OF EIGIITEF~N (18) INCIIES. You failed to abate such nutsancc: x~hercupon, it was abated by the expenditure of public ft. lllds .:it a direct cost of FIi:'I"~'-FIVI5 ($55.00) I)OI.I~ARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of T~,VO IIUNI)RED FIFTY-FIVE ($255.00) I)OLLARS. Such cost. by Resolution of the Board of Count.',' Commissioners of Collier County. Florida, shall become a lien on your properly within txventy (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County' Commissioners to show cause. if an),, why thc expenses and charges incurred by the Count), under County' Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against thc property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL 1 1 001 ¥ 2 3 6 ? $ 9 10 11 12 13 14 [5 [6 17 18 19 20 2[ 22 23 2-I 25 26 2'7 25 29 32 33 35 36 37 35 39 40 41 -12 .13 -15 .16 47 49 50 5! 52 53 5.1 55 56 58 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 9%51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as alnended, the direct costs of abatement of certain nuisances, including prescribed administrative cost mcun'ed by the Count)', shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to thc Board of Count5' Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be\inning on the date this Rcsolution is recorded at thc rate of twelve percent (12 ,c,'c) per annum. NOW. T}[EREFORE, BE IT RESOLVED BY TItE BOARD OF COUNTY COMMISSIONERS OF COLL1ER COUNTY, FLORIDA, that the property described as follo,.vs, having bccn abated of a public nuisance :flier due and proper notice thereof to the oxxncr(s) of said property, is hereby assessed thc following costs of such abatement, to wit: NAME: BENJAMSON, M..kRTIN I. & LILLIAN E. LEGAl, DESCRIPTION: Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE, according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. COST: S255.00 REFERENCE#: 1955 FOLIO #: 36385240009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such oxx ncr fails to pa)' such assessment within twenty (20) days hereof, a certified cop)' of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to lax,,', unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLTNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D., Chairman DEC 11~001 ~ I BOARD OF COUNTY COMMISSIONERS TIIROUGII ITS CODE ENFORCEMENT I)EPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LUIS ALFREDO & PATRICIA ANN CARVAJAL DATE: 5205 MC CARTItY ST NAPLES, FL 34113-8739 REF. INV.# 1944 FOLIO # 62046200006 LIEN NUMBER: LEGAL DESCRIPTION: LOT 24, BLOCK 10, Unit 1, NAPLES MANOR, according to the Plat thereof recorded in Plat Book 3, Page 57, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 17, 2001, order the abatement of a certain nuisance existing on the above properly prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF VfEEDS, GRASS, OR OTIIER NON-PROIECTED OVERGI,',O~,VTII IN EXCESS OF EIGIITEEN {18) INCIIES. You failed to abate such nuisance; whereupon, it ~as abetted by tile expenditure of public funds at a direct cost of FIFTY-FIVE (555.00) DOLI.ARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of T'0,'O-IIUNDRED FIFTY-FIVE ($255.00) DOI.LARS. Such cost, by Resolution of tile Board of County Commissioners of Collier County. Florida. shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incucred by the County under Count>' Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL DEC 1 1 gO01 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 9%51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED \VHEREAS, as provided in Ordinance No. 9%51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and \VtfEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance bekinning on the date this Resolution is recorded at the rate of twelve percent (12~) per annum. NOW, THEREFORE, BE IT RESOLVED BX,' TIqE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the ox~ner(s) of said property, is hereby assessed the folio\\lng costs of such abatement, to x~ it: N:\ME: CARVA.IAL, LU1S ALFREDO & PATRICIA ANN I.EG:\L DESCRIPTION: LOT 24, BLOCK 10, Unit 1, NAPLES MANOR. according to the Plat thereof recurred in Plat Book 3, Page 57, Public Records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 1944 FOLIO #: 62046200006 The Clerk shall mail a Notice of Assessment of Lien to the oxvner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law, unless such direction is staved by Iris Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. A'ITEST: DWIGHT E. BROCK, Clerk BOARD OF COU~'NTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: ,Chairman BEC 1 1 001 BOARD OF COUNTY COMMISSIONERS TIIROUGI! ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAl. NOTICE OF ASSESSMENT OF LIEN CRAWFORD, tlENRY 5430 MARTIN ST NAPLES, FL 34113 DATE: REF. INV.# 1942 FOLIO # 62101760009 LIEN NUMBER: I,EGAI, DESCRIPTION: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the Plat Book Ihereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 20, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEI)S: ACCUMULATION OF WEEDS, GP, ASS, Oil OTIIER NON-PROTECTED OVERGP, O~VTII IN EXCESS OF EIGIITEEN {18) INC}IES IN ItEIGIIT. You failed to abate such nuisance; xxhereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) I)OLLARS plus an administrative cost of Two-hundred (5200.00) dollars for a total of T~VO-IIUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if an3', why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL i BECll 081 I I 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 _.24 25 26 27 2S 29 30 31 32 33 34 35 56 37 38 39 .41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and V,/ItEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolation is recorded at the rate of twelve percent (12%) per annum. NO\V, TtlEREFORE. BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follov:s, having been abated of a public nuisance after due and proper notice thereof to tile o~ner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CRA%VFORD, IIENRY I.EGA1. DESCRIIYFION: Lot 9, Block 13, NAi'LISS MANOR ADDITION, according to lhe Plat Book thereof, on file and recorded in tile Public Records of Collier Count.,,', Florida, PB 3 Pages 67 anti 68. COST: $255.00 REFERENCE#: 1942 FOI. IO #: 62101760009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within t~venty (20) days hereof, a certified cop.,,' of this Resolution shall be recorded in the official records of Collier Count.',', to constitute a lien against such property according to lay,~, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COND, IISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk, James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: ex ~ Thomas C. Palmer, ,~,dsistant County Attorney F: LIEN/MSTR RESOLUTION DEC 1 1 q BOARD OF COUNTY COMMISSIONERS TIfROUGll ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DANIELS, PIILEANY M DATE: BROWN, JENNIFER L. PO BOX 90068 NAPLES, FL 34101 REF. INV.# 1971 FOLIO # 22624160003 LIEN NUMBER: I.EGAL DESCRIPTION: Lot 5, AVALON ESTATES, Block 6, Unit 1, according to plat recorded in Plat book 3, Page 62, of tile public records of Collier Count.,,', Florida. You, as the owner(s) of tile property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 12, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEF. I)S: ACCU.'XlUI,ATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVER(;I,IO!,VTI! IN I:~XCI'-'SS OF EIGItTEEN (18) 1NCIIES IN ItEIGIIT. You failed to abate such nuisance; ~hercupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($$5.00) DOLLARS plus an administrative cost of Tx~o-hundred ($200.00) dollars for a total of Tt, VO-llUNDREI) FIFTY-FIVE (5255.00) i)OLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count.,,', Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by tile County under County Ordinance No. 99-51 are excessive or unwarranted or v,'hy such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL DEC 1 1 ZOO1 lC) 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001-.__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 9%51, as successor to Ordinance No. 91~47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of lhe date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on thc date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the prope~%' described as follows, having been abated of a public nuisance after due and proper notice thereof to the o~vner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: I)ANIELS, PIII.EANY M & BROIVN, JENNIFER L. LEGAl. DESCRIPTION: '_. Lot 5, AVALON ESTATES, Block 6, Unit 1. according to plat recorded in Plat book 3, Page 62, of the public records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 1971 FOI.10 #: 22624160003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL~V'qTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Car!er, Ph.D. ,Chairman 1I BOARD OF COUNTY COMMISSIONERS TttROUGIt ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JUL10 DATE: 74 ASitLEY ST BRIDGEPORT, CT 66101617 REF. INV.# 1964 FOLIO #: 36247840000 LIEN NUMBER: LEGAl. DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier Count}', Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 18, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEI)S: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON-PROTECTED OVi(RGR()V~'TII IN EXCESS OF EIGIITEEN (18) INCiiES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-IIUNDRED FIFTY-FIVE ($255.00) 1)OIA~ARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within t~venty (20) days of the date of this legal notice of assessment. You may request a hearing before tile Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Govcnlment Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from tile date of this notice. LIENS/MSTR LNAL 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2S 29 3O 31 32 33 34 35 36 37 3S 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROV[DING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than t,.venty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12,Q) per annum. NOW. TItEREFORE, BE IT RESOLVED BY THE BOARD OF COU~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property descnbed as follows. having been abated of a public nuisance after due and proper notice thereof to the or, ncr(s) of said property, is hereby assessed the following costs of such abatement, to wit: N.\. IE: I)OMINGUEZ, JULIO LEG:\I~ DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Pla! Book 5, Page 122 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 1964 FOLIO #: 36247840000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified cop5' of this Resolution shall be recorded in the official records of Collier Count.',', to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: ~ [ Thomas C.T'almer, Assistant County Attorney James D. Carter, Ph.D.,Chairman F: LIEN/MSTR RESOLUTION DEC 1 1 2001 BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN EMC HOLDINGS, INC. DATE: 800 LAUREL OAK DR STE 303 NAPLES, FL 34108 REF. INV.# 1990 FOLIO #: 68300002627 LIEN NUMBER: LEGAL DESCRIPTION: Lot 17 and 31, of PORT OF THE ISLANI)S, HtASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of the Public Records of Collier Count)', Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 30, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ?~CCUMULATION OF ~YEEDS, GRASS, OR OTItER NON-PROTECTED OVERGROBTII 1N EXCESS OF EIGHTEEN (18) INCIIES. You failed to abate such nuisance; ~xhereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-tlUNDRED FIFI'Y-F1VE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/k'ISTR LNAL DEC I 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2¢ 27 2S 29 30 31 32 33 34 35 37 3S 39 40 41 42 43 44 .15 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against ,ahich made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of thc date of thc Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on thc date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, haxing been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: N;\ME: EMC IlOLDINGS, INC. LEGAl, 1)F. SCRIIrI'ION: Lot 17 and 31, of PORT OF TIlE ISI.ANDS, PIIASE TWO, according to the map or plat thereof, recorded in Plat Book 21, pages 1 through 4, of lhe I'ublic Records of Collier County, Florida. COST: 5255.00 REFERENCE#: 1990 FOI.IO #: 68300002627 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pa}' such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and dui,,,' adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman DEC I 1 2001 BOARD OF COUNTY COMMISSIONERS TIIROUGIt ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GILLIS, ALBENA J. DATE: 20201 PLYMOUTII RD APT 1005 DETROIT, MI 48228 REF. INV.# 1850 FOLIO # 36451080009 LIEN NUMBER: LEG:\L DESCRIPTION: Lot 16, Block 259, Unit 7 Part - Golden Gate according to plat thereof recorded in plat book 5 page 139 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on May 29, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: EXOTICS: ACCUMUI.ATION OF PROIIIBITED SI'ECIES ON UNIMPROVED LAND I.OCATED WITIlIN 2110' OF IMPROVEI), SUBI)IVII)EI) PROPERTY. You failed to abate such nuisance; x~hereupon, it was abated by the expenditure of public funds at a direct cost of T~,VO IIUNI)RED FIFTY 1.$250.00) DOLL:\RS plus an administrative cost of Two-hundred {$200.00) dollars for a total o£ FOUR-IIUNDRED FIFTY ($450.00) DOLLARS. Such cost, by Resolution of the Board of Count>' Commissioners of Collier County, Florida. shall become a lien on >'our property within twenty (20) days of the date of this legal notice of assessment. You may request a heating before the Board of Count>' Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said rcqt,cst for heating shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL DEC 1 1 ZOO1 1 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED \VHEREAS, as provided in Ordinance No. 9%51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and \VHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be}inning on thc date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU.~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follo~.s. haxing been abated of a public nuisance after due and proper notice thereof to the owner(s) of said propcrI3, is hereby assessed the following costs of such abatement, to wit: NAME: GII.LIS, ALBENAJ. LEGAL I)ESCRllriqON: l.ot 16, Block 259, ['nit 7 Part - Golden Gate according to plat thereof recorded in plat book 5 page 139 of tbe Public Records of Collier Count)', Florida. COST: S450.00 REFERENCE#: 1850 FOI.IO #: 36451080009 Thc Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified cop3' of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to lax'.', unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY' Deputy Clerk Approved as to form and legal sufficiency': Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D., Chairman DEE; 2001 _ BOARD OF COUNTY COMMISSIONERS TItROUGII ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PLATT, BENNY, G.II., RUSSELL, NORMAN, DATE: EARL, & BURTON, LAVONIA 890 LAVADA RD GRACEVILLE, FL 32440-4764 REF. INV.# 1804 FOLIO # 26830240001 LIEN NUMBER: I,EGAI, DESCRIPTION: Lot 9, COL-LEE-CO GARDENS, per plat recorded in plat book 1, page 30, public records of Collier County, Florida. You. as the owner(s) of the property above-desctibed, as recorded in the records maintained by the office of the Property Appraiser. arc hereby advised that the Code Enforcement DireCtOl-. did on February 13, 2001, order the abatement of a ce~ain nuisance existing on the above pi-operty prohibited by Ordinance No. 99-51 and served a notice of violation upon ~ou. The nuisance is: lATTER: PROItlBITEI) DU.MPING, ACCUMULATION, STORAGE OF BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by tile expenditure of public funds at a direct cost of FIVE-ItUNDRED NINETY ($590.00) DOLLARS plus an adininistrative cost of Two-hundred ($200.00) dollars for a total of SEVEN-11UNDRED NINETY ($790.00) DOLLARS. Such cost, by Resolution of the Board of Coun',y Commissioners of Collier County, Florida, shall become a lien on )'our property xvithin twenty (20) days of the date of this legal notice of assessment. You may request a heating before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-5 l are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for heating shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 3.4112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL DEO 1 1 2001 1 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be~inninv, on the date this Resolution is recorded at the rate of melve percent (12%) per annum. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.~TY COS, IMISSIONERS OF COLLIER COUNTY. FLORIDA, that the proper~y described as follows, havine been abated of a public nuisance after duc and proper notice thereof to the owner(s) of said propc'71y, is hereby assessed the follox~ing costs of such abatement, to wit: N:\ME: PI.ATT, llENNY, G.II.. RUSSELL, NORMAN, E:\RL, & BURTON, LAVONIA I~EGAL DESCRII"FION: Lot 9. COL-LEE-CO GARDENS, per plat recorded in plat book 1, page 30, public records of Collier Couoty, Florida. COST: 5790.00 REFIr. I~,I:~NCI:~#: 1804 FOLIO #: 26830240001 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified cop5' of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to lax,,', unless such direction is sta.~ed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SCHERER, WILLIAM C. & IRENE K. DATE: 19218 EASTWOOD DR IIARPER WOODS, MI 48225 REF. INV.# 1543 FOLIO # 74410241003 LIEN NUMBER: I.EGAL DESCRIPTION: Lots 8, 9, 21 and 22, Block "A", SOUTll TAMIAMI ItEIGHTS, according to plat recorded in Plat Book 3, al Page 44, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on April 13, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF V(EEI)S, GRASS, OR OTltER NON-PROTECTEI) OVERGROWTIt IN EXCESS OF EIGIITEEN (18) [NCtIES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FOURTY-FI',dE ($45.00) DOLLARS plus an administrative cost of T~vo-hundred ($200.00) dollars for a total of TWO-tIUNDRED FOURTY-FIVE ($248.00) I)OLLARS. Such cost, by Resolution of the Board of Count), Commissioners of Collier Count.,,,, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any. why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unv.'arranted or v,,hy such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34.112 in writing v,,ithin ten (10) days from the date of this notice. F: LIENS/b. ISTR LNAL DEC llZO01 / I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 2I 22 23 24 25 26 27 28 29 30 3I 32 33 34 35 36 37 38 39 40 41 42 43 4.1 45 .16 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2001-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance bc3inning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA. that the property described as foltoxxs, havinv, been abated of a public nuisance :ffter due and proper notice thereof to the owner(s) of said prope'~%', is hereby assessed the following costs of such abatement, to wit: NAME: SCIIERER, WILLIAM C. & IRENE K. I.EGA1. I)ESCR1PTION: Lots 8, 9, 21 and 22, Block "A", SOUTH TAMIAMI I1EIGHTS, according to plat recorded in Plat Book 3, at Page 44. of the Public Records of Collier Count.',', Florida. COST: $245.00 REFERENCE#: 1543 FOLIO #: 74410241003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pa)' such assessment xxithin twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the oxvner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman DEC 1 1 2001 BOARD OF COUNTY COSIMISSIONERS TIIROUGII ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SPIELFOGEL, CATHERINE 5I. 153 PROSPECT ST NEPTUNE CITY, NJ 07753 DATE: REF. INV.# 1970 FOLIO # 35988200007 LIEN NUMBER: LEGAI. DESCRIPTION: Lot 22, Block 87, GOLDEN GATE UNIT NO. 3, a subdivision according to the plat thereof as recorded in Plat book 5, Pages 97 thru 105, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on September 21, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 9%51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON-PROTECTED OVERGROVCI'll IN EXCESS OF EIGIITEEN (18) INCITES. You failed to abate such nuisance; xxhereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVI£ ($55.00) I)OLLARS plus an administrative cost of T~vo-hundred ($200.00) dollars for a total of TWO-ItUNI)RED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR I,NAL DEC 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 RESOLUTION NO. 2001 -__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AN/FENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and rep#ned to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the proper~y against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tv.'clve percent (12%) per annum. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows. havin~ been abated of a public nuisance after due and proper notice thereof to the owner(s) of said propc~ty, is hereby assessed the following costs of such abatement, to wit: NAME: SPIELFOGEL, CATItERINE M. LEGAl. DESCRIPTION: Lot 22. Block 87, GOLDEN GATE UNIT NO. 3, a subdivision according to the plat Ihereof as recorded in Plat hook g Pages 97 thru 105. of the public records of Collier County, Florida. COST: 5,255.00 REFERENCE#: 1970 FOLIO #: 35988200007 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described pr#pert>', and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Count>', to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. carter, Ph.D., Chairman DEC 1 1 2001 EXECUTIVE, SUMH~Ry REQUEST TO GRANT FINAL ACCEPTANCE OF THE RO~D~AY~ DRAINA~E~ ~ATER ~ SE~ER IMPROVEMENTS FOR THE FINiaL PLAT OF "PELICAN STRAND REPLAT - 6" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Strand Replat - 6" CONSIDERATIONS: On April 22, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 6" o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None DEC 1 1 ZOO1 Executive Summary Pelican Strand Replat - 6 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Strand Replat - 6" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Enginer APPR:ED BY: : John~l ~Dunn~~[,uc k~~ //['~' ~. 'III, Interim Administrator Community Dev. and Environmental Svcs. ]Date DEC I I 2001 /v/JUVINGSTOIq ROAD-£/W VICINITY MAP NOT TO SCAI.F, DEC 1 1 2001 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE · ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN PELICAN STRAND REPLAT 6, RELEASE OF THE MAINTENANCE SECUPJTY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS AS SOCIATION. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 12, 1999 approved the plat of Pelican Strand Replat - 6 for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedhres Ordinance (Collier County Ordinance No. 97-17), and Vv~EREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be [,ranted for those roadway, drainage, water and sewer improvements in Pelican Strand Replat - 6, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second anc~ majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal su ffic~ency'- Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN ~ENt~A ITl~kl ~ No. /~ ~ DEC 1 1 2001 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRENTWOOD", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Brentwood", a subdivision of lands located in Section 30 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Brentwood". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends "Brentwood" be approved for recording. that the final plat of FISCAL IMPACT: The project cost is $560,269.00 (estimated} to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 92,825.00 - $467,444.00 The Security amount, equal to 110% of the project cost, is $616,295.90 DEC 11 2001 Executive Summary Brentwood Page 2 The County will realize revenues as ~follows: Fund: Community Development Fund 1113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $10,483.54 Fees are based on a construction estimate of $560,269.00 and were paid in August, 2000. The breakdown is as'follows: Plat Review Fee ($425.00 + $4./ac)- $ 587.00 b c Paving, Grading (1.3% const, est.) GROWTH ~NAGE~NT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 464.13 Drainage, Paving, Grading (.42% const, est.)- $1963.26 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1392.38 Drainage, - $6076.77 The Concurrency Waiver and Re.lease relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/A/~CHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Brentwood" for recording with the following stipulations: Approve the amount of $616,295.90 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AGENDA ITEM D 'C 11 2001 PS. Executive Summary Brentwood Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kucki~.E. Engineering Review Director / County Engineer Date APPROVED John M. D Community BY: t nuck III, Interim Administrator DeveloPment & Environmental Services Date jrh DEC 11 2001 5 P~. ~8 20 IM~IOKAIX£ 15 56 51 52 VANOE£~i~ T ~OAO EXTENSIO 6 27 LOCATION MAP DEC 11 2001 EXECUTIVE S~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "STERLING OAKS PHASE 4", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Sterling Oaks Phase 4", a subdivision of lands located in Section 10 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Sterling Oaks Phase 4" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Sterling Oaks Phase 4" be approved for recording. final plat of FISCAL IMPACT: The project cost is $1,031,046.30 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $257,350.15 - $773,696.15 The Security amount, equal to 110% of the project cost, is $1,134,150.93 ! Executive Summary Sterling Oaks Phase 4 Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $19,054.57 Fees are based on a construction estimate of $1,031,046.30 'and were paid in September, 2001. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)-$ 600.00 b c Paving, Grading (1.3% const, est.) GROWTH M-AlqAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) $ 1286.75 Drainage, Paving, Grading (.42% const, est.)-$ 3249.52 Construction Inspection Fee Water & Sewer (1.5% const, est.) $ 3860.25 Drainage, $10058.05 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Sterling Oaks Phase 4" for recording with the following stipulations: Approve the amount of $1,134,150.93 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. A C~.NDA I1~ I DE£112001 Executive Summary Sterling Oaks Phase 4 Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date D~te ' APPROVED. BY: John H. D~nnuck III, Interim Administrator Communit~,'lDevelopment & Environmental Services Date j rh ",,.JUl LI-E CO CO BONITA SHORES AUDUBON COUNTRY CLUB BAY FOREST WATERGLADE~ ARBOR TRACE LOCATION MAP NOT TO SCALE AUDUBON COUNTRY CLUB THE RETREAT VILLAGE PLACE LIVINGSTON ROAD-E/W LAWMETKA PLAZA C.R. 888 W~GG1NS BONITA BEACH ROAD (C.R. 865) SITE LAKE -X CLUB ,?.' MEADOW ESTATES IMPERIAL LAKES 15 ~LETA )D 11 DYNABEL PUD 14. lNG ;TRIES DEC 11 2001 EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE A CONTRACTUAL SERVICES AGREEMENT WITH THE CENTER FOR URBAN TRANSPORTATION RESEARCH AT THE UNIVERSITY OF SOUTH FLORIDA TO CONDUCT THE TRANSIT DEVELOPMENT PLAN UPDATE OBJECTIVE: To authorize staff to enter into a Contractual Services Agreement with the Center for Urban Transportation Research (CUTR) at the University of South Florida to conduct the Transit Development Plan (TDP) Update. CONSIDERATION: In order to receive annual Block Grant Funds, each transit agency must conduct an annual update of its Transit Development Plan (TDP). Task # 3.3 of the MPO's FY 2001/2002 Unified Planning Work Program (UPWP), which was adopted by the MPO Board on May 25, 2001, calls for the update of the TDP to ensure consistency with Transit 2020: Florida's Strategic Transit Plan and to reflect changes in local policy directions. This Task will also include an update of the Transportation Disadvantaged Service Plan (TDSP), which covers Collier County's specialized, door-to-door transportation services for the elderly and those with disabilities. This item was presented to the Collier County Metropolitan Planning Organization at its November 30, 2001 meeting. ¢'~'/FISCAL IMPACT: The total of the is Collier cost project $75,000. County is to ~ $30,000 from fund 313 (Gas Tax), Enhanced Planning Consultant Services 60109. Task # 3.3 of The MPO's FY 2001/2002 Unified Planning Work Program reflects $40,521 of Federal Transit Administration Section 5303 Planning funds and $5,065 of State cash match to be utilized for this project. These funds have been budgeted in the FY 2001 Budget process in MPO Fund 126. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman to enter into the Contractual Services Agreement with the Center for Urban Transportation Research (CUTR) at the University ~ff South Florida and approve all necessary budget amendments. / ~ Prepared by: ~~Z' ~. ~'~--~'~~'~ Date:/'~ ~¢ 'O / ' /-Robe'-rt M. Herrington,~P~anager - Reviewed by: ~'Z~))/)~ ~-,~.E~- Date:Ill'iD( ' ' D~'n I~. Wolfe, ~;ranspor~]o~.q, Planning Director Approved by: ~/~~ Date:g,.~ N~rm,~-n 'E~ Fe~ler, ~Transportation Services Administrator / / '-"~ ..... ~-- / ! COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION CONTRACTUAL SERVICES AGREEMENT (STATE OF FLORIDA GOVERNMENTAL AGENCIES) BY THIS AGREEMENT, made and entered into this day of ., the COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION, hereinafter called "hiPO" and the CENTER FOR URBAN TRANSPORTATION RESEARCH AT THE UNIVERSITY OF SOUTH FLORIDA, acting for and on behalf of the Board of Regents, a public corporation of the State of Florida, hereinafter called "Contractor," hereby agree as follows: 1. SERVICE In connection with the Collier Area Transit, Transit Development Plan, the MPO does hereby retain the Contractor to furnish certain services, information and items as described in Exhibit "A," attached hereto and made a part hereof. TERM Initial Term. This Contract shall begin nn fho cl~fo r~f o,-oo,,f;~n .~,.t ,h.,ll ,.~:~.,~ 7 --^-'~'- from Notice to Proceed. Ail goods and services to be provided pursuant to this Agreement shall be completed and delivered to the hiPO no later than the above termination date. B. RENEWALS (Check appropriate box): [ x ] This Contract ma)' not be renewed. [] This Contract ma)' be renewed on a 3'early basis for a period of up to two )'ears after the initial contract or for a period no longer than the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the MPO and subject to the availability of funds. An)' renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. COMPENSATION AND PAYMENT Bo The MPO agrees to pay the Contractor for the herein described services at a compensation as detailed in Exhibit "A" attached hereto and made a part hereof. Payment shall be made only after receipt and approval of all goods and services. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. Bills for fees or other compensation for services or expenses shall be subh for a proper pre-audit and post-audit thereof. Bills for travel expenses specifically authorized in Exhibit "A" shall be accordance with Section 112.061, Florida Statutes. fitt~?~ ~..~nt 2001 submitted and paid in P~. ~._~ 4. INDEMNITY Sm To the extent permitted by Florida Law, the Contractor indemnifies, saves, and holds harmless the MPO, from and against any and all claims, demands, actions, or causes of action of whatsoever nature or character, arising out of or by reason of the execution or performance ot the work provided for herein. It is understood and agreed that the Contractor is not required to indemnify the MPO for claims, demands, or liability arising out of the MPO's negligence. The parties agree that 1% of the total compensation to the Contractor for performance of this Agreement is the specific consideration from the MPO to the Contractor for the Contractor's indemnity agreement. COMPLIANCE WITH LAWS The Contractor shall allow public access to all project related material subject to the provisions of Chapter 240, Florida Statutes, and made or received by. the Contractor in conjunction with this Agreement. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been l~laced on the convicted vendor list following a conviction for a public entity crime may not ~ubmit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ora public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. TERIXlINATION AND DEFAULT This Contract may be canceled by either party in whole or in part at any time the interest of either party requires such termination. The MPO also reserves the right to seek termination or cancellation of this Agreement in the event the Contractor shall be placed in either voluntary or involuntary bankruptcy. The MPO further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. If the MPO determines that the performance of the Contractor is not satisfactory., the hiPO shall have the option of (a) terminating the Agreement with ten (10) days notice, or (b) notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement ;rill be terminated at the end of such time, or © take whatever action is deemed appropriate by the MPO. Co If the MPO requires termination of the Agreement for reasons other than unsatisfactory performance of the Contractor, the MPO shall notify the Contractor of such termination, with instructions as to the effective date of termination or specify, the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Cox only for that work satisfactorily performed which is the same percentage o the amount of work satisfactorily completed is a percentage of the total w Agreement. All work in progress will become the property of the MPO ar promptly by the Contractor. called for by_ this t wil~&~e~er 7. ASSIGNMENT AND SUBCONTRACTS A. The Contractor shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the MPO. MISCELLANEOUS This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. It is understood and agreed by the parties hereto that if any part, term or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. D. Attachments. Exhibit "A" (Scope of Services), including Project Schedule and Project Budget. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. UNIVERSITY OF SOUTH FLORIDA COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION By: Authorized Signature By: Authorized Signature Title: (Print/Type) Title: (PrinffType) Attest: Title: Authorized Signature (Print/Type) Attest: Authorized Signature (Print/Type) [ E)E'C~ Ii 2001 Title: No~ DEC 11 2001 Pg. ,~ Scope of Services Collier County Transit Development Plan Collier County government, responsible for operating Collier Area Transit (CAT), is responsible for the production of a Transit Development Plan (TDP). ATDP is a five-year plan required by the Florida Department of Transportation (FDOT) that calls for a description of the transit agency's vision for public transportation, along with an assessment of transit needs in the study area and a staged implementation program to set priorities for improvements. FDOT requires a TDP in order to maintain eligibility for state Block Grant funding. As the Community Transportation Coordinator (CTC), Collier County Government is also responsible for the production of a Transportation Disadvantaged Service Plan (TDSP). The TDSP is a tactical plan for the provision of services under the local Transportation Disadvanta. ged (TD) program. The TDSP is required by law (Ch. 427, F.S., and Rule 41-2, F.A.C.), and is a three-year plan that coincides with the contract between the CTC and Commission for the Transportation Disadvantaged (CTD), with annual updates in years two and three. This plan is used to guide, monitor, and evaluate the effectiveness of the local TD program. The TDP and TDSP are also policy documents that integrate transit and paratransit goals and objectives with those of other local plans, including the Long-Range Transportation Plan and comprehensive plans. FDOT strongly encourages a strategic approach to the planning process and emphasizes the importance of public participation in the preparation of the TDP. This Scope of Services has been prepared by the Center for Urban Transportation Research (CUTR) at the University of South Florida (USF). Florida Statutes 287.057(3)(f)13 allows procurement of services from academic entities without competitive bidding. This Scope defines the tasks it will complete for Collier County. It builds on CUTR's experience in conducting transit and paratransit studies and preparing plans for other agencies in Florida. DEC 11 2001 Task I. Establish a Review Committee A Review Committee will be established to monitor and provide input to the project and to review deliverables produced by CUTR. The Review Committee will be comprised of approximately five members. It is anticipated that the MPO Manager or his designee will chair this committee. Members of the committee will be selected bythe Collier County Metropolitan Planning Organization (MPO), and will include a TD representative. The Review Committee will evaluate each deliverable (specified in the individual tasks), and will aid in the public involvement process for the TDP. CUTR will respond to all recommendations from the committee. Task II. Compile Base Data Demographic, economic, and transportation data for the study area will be collected by CUTR with assistance from the MPO and CAT. CUTR will take the lead in conducting interviews with key local nffir, ln[~ nnM thn r'li~r' ~eeinn mrr~r~/c~ Demographic and economic data will be collected for the study area to provide historical background and a description of the area. Information from the 2000 Census will be used, where available, with supplemental information provided by the Bureau of Economics and Business Research (BEBR) at the University of Florida. Data to be collected include the following: · physical description of the area · population by age and income · population density · housing density · employment density · labor force · auto ownership · tourist and visitor levels · transportation disadvantaged population · land uses and densities · major trip generators · area roadway and traffic conditions including level of service and capacity deficiencies · current and planned transit routes ~ AGEN M _ DEC 11 2001 Pg . .... ,,, o CUTR will design and analyze a written survey of fixed-route and paratransit bus operators to obtain their views of the existing system. Operators are in direct daily contact with transit riders and their observations are extremely useful. CUTR will assess users and non-users' perceptions of fixed-route transit. A discussion group consisting of members of the MPC Citizen Advisory Committee will be used to identify issues and opportunities. A second discussion group will be held with a group of persons representing both users and potential users of Collier County's paratransit system. Although not intended to provide a statistically valid sample, a discussion group is an excellent tool for revealing attitudes of a particular group (in this case, non-users) because of the open-ended nature of group discussions. Other discussion groups may be held as per the MPO's direction representing other interest groups or randomly-selected persons. CUTR will assess attitudes of key local officials and community leaders regarding current transit service. CUTR will assess the views r~f political eader~ rcn~rc'tinn transit f, Policy issues of greatest local concern will be identified and discussed. Appropriate officials and community leaders will be selected with assistance from the MPC. CUTR will conduct a minimum of 10 interviews. CUTR will develop an on-board survey designed to capture demographic, travel behavior, and rider satisfaction data from CAT fixed-route bus riders. This information will enable CAT to focus on relevant transit needs and issues such as modifying bus schedules, locating bus stops, modifying fare structure, planning, marketing, and historical trends. CUTR will administer a Weekday and a Saturday survey. Back-up survey dates will also be chosen in the case of inclement weather or another significant event occurring over the dates initially selected. The survey will be performed on every trip within the system. A surveyor will hand out surveys to all riders. Also, the surveyors will be available to assist with filling out the surveys as necessary. The number of completed surveys will be weighted to Weekday and Saturday average ridership, representing the total ridership by route and for the system as a whole. A matrix will be developed which reflects the results from the on- board survey. Cross-tabulations will be completed as requested. Deliverable: Technical Memorandum No. 1 will summarize demographic, economic, and transportation data, and results of the driver survey, discussion groups, and interviews. Results will be presented to the Review Committee. 3 BEC 11 2001 Pg. Task !11. Identify Goals, Objectives, and Policies With assistance from the MPO and the Review Committee, CUTR will develop goals, objectives, and policies for CAT and the TD program. These will be consistent with community goals. It is recognized that findings from later tasks may occasion revisions to the goals and objectives developed at this stage. CUTR will also work closely with staff in delineating a vision of where transit in Collier County wants to be in the next five to ten years. This step is implicit in each task outlined in this scope of services, but is specifically mentioned here in conjunction with the goals and objectives. Local plans and documents, including comprehensive plans, previous transit plans, the Long-Range Transportation Plan, and the Transportation Disadvantaged Service Plan, will be reviewed to identify and compile community goals and objectives relating to public transpo.rtation and mobi!ity. Results from previous tasks, particularly the interviews with local officials and community leaders, will be analyzed and incorporated to gain a better understanding of community goals and objectives relating to transit and mobility. 3. Draft goals and objectives will be developed by CUTR, with assistance from staff. Deliverable: Technical Memorandum No. 2 will outline goals and objectives for CAT, and demonstrate their connection with goals specified in other planning documents. Draft goals and objectives will be presented to the Review Committee for their approval. Task IV ~,4o,~,;f,, ~,,;,,~,,,~ Transit Services Staff will assist CUTR in developing an inventory of the major existing public and private transportation services operating in Collier County. These include providers of service to the transportation disadvantaged, taxis, agency services, and community bus operators. 4 AGENDA ~'EM ' No.~ I~ I~ _ DEC 11 2001 pg. ~- A profile of CAT's operations will be provided, using information from the National Transit Database (NTD) reports and Annual Operating Reports (AORs) submitted to the CTD. The following information will be collected for each provider, to the extent possible: · Name of operator · Type of service · Service area · Users of the service · Vehicle inventory Task V. Evaluate Existing Transit Service CUTR will conduct an analysis of existing transit service in the study area. A review of Collier County's fixed-route and paratransit services will be undertaken to assess the system using measures failing into three major categories: system performance, effectiveness, and efficiency. CUTR will compare Collier County with other systems throughout Florida and the southeastern United States, using current and historical data from NTD reports. The performance review will be used to assess the extent to which CAT is meeting their stated goals and objectives. CUTR will conduct a performance review of current Collier County's fixed-route and paratransit operations, focusing on system efficiency and effectiveness measures (see Table 1 for measures that might be used). A trend analysis will be conducted using historical operating data. 2. System performance will be compared to similar systems within and outside Florida. The most recent available data will be used in these peer comparisons. Deliverable: Technical Memorandum No. 3 will provide a performance review including a trend analysis and peer comparison. An appendix will contain information on transportation providers in Collier County. -- AGEN,I~. ~EM NO. [[Pv -- DEC 11 2001 /~ Table 1 Performance Evaluation Indicators and Measures (Based on the National Transit Database) Performance Indicators Passenger trips Passenger miles Vehicle miles Revenue miles Vehicle hours Route miles Operating expenses Capital expenses Operating revenues Total employees V ~;;;I IIt-~lt;~O QVI;2.11CI. L/I~;~ I~JI maximum se~ioe Vehioles operated in maximum sewioe Fuel consumption Effectiveness Vehicle miles per capita Passenger trips per capita Passenger trips pe[ revenue mile Passenger trips per vehicle hour Revenue miles between incidents Revenue miles between service interruptions Revenue service interruptions Efficiency Measures Operating expense per capita Operating expense per passenger trip Operating expense per passenger mile Operating expense per revenue mile Farebox recovery ratio Revenue miles per vehicle I I IIIt:~ Revenue miles per peak vehicle Revenue hours per employee FTE Passenger trips per employee FTE Vehicle miles per gallon Average fare Task VI. Estimate Demand and Assess Need CUTR will project ridership for fixed-route and paratransit, for the five-year planning period, assuming current service levels are maintained. CUTR will then project demand for transit service in Collier County over the same period assuming changes in the type and level of service. Demand will be projected using several approaches. For example, ridership rates from peer systems with different levels of service and per-capita transit spending will be applied to the Collier County service area. Price and service elasticities will also be used to estimate the impact of changes in fares or service levels on ridership. Demand estimates will be compared to transit ridership at current levels of service. There will not be a demand forecast using computer network simulation. Demand eligibility under the Americans with Disabilities Act of 1990 (ADA) will be estimated using standard, appropriate techniques. 6 DEC 11 2001 The needs assessment will take into account travel origins and destinations, geographic areas served by the transit system, frequency and hours of service currently provided, and demographic characteristics of Collier County residents. Goals and Objectives from Task IV will be considered in assessing the need for improved transit service, as will the results of the interviews and discussion groups. Potential target markets for new or expanded transit service will be identified and assessed. The needs assessment will also include an examination of possible intermodal connections and coordination of service with other operators. 1. CUTR will prepare ridership projections and demand estimates through the five-year plan period. 2. CUTR will analyze the extent to which mobility needs are being met by existing transit services. Unmet needs and potential new markets will be highlighted. Deliverable: Technical Memorandum No. 4 will contain ridership and demand projections and an assessment of need. Results will be presented to the Review Committee. Task VII. Formulate the Transportation Disadvantaged Service Plan CUTR will prepare a TDSP, using pertinent findings of Tasks II through VI, along with information that will be provided by the Collier County GTC and their official planning agency. The following components will be included in the TDSP: Development Plan Service Plan Quality Assurance Cost/Revenue Allocation and Rate Structure Justification CUTR will prepare and present the draft TDSP, including the components listed above, to the Local Coordinating Board. Deliverable: CUTR will submit twenty-five (25) copies of the draft TDSP for review, comment, and acceptance. Following presentation, review, and acceptance of the draft TDSP, CUTR shall prepare and submit the final TDSP. 7 DEC 11 2001 pg... [~"~ Deliverable: Twenty-Five (25) copies of the final TDSP will be prepared by CUTR and provided to Collier County for consideration and adoption. Task VIII. Identify and Evaluate Alternatives CUTR will review and analyze alternatives for transit operation in Collier County. Alternatives may range from maintaining the current level of service to a thorough restructuring of public transportation service, and will include consideration of special event services and Transportation Demand Management measures. These alternatives will be developed in conjunction with staff and the Review Committee, and will support community vision and plans. The results of all previous tasks, particularly the needs assessment, will be considered in developing service delivery options for Collier County. Alternatives will be identified and analyzed without regard to costs, in line with the strategic intent of the TDP. The Review Committee will meet to Review Comm;~ consider service a!tematives presented by CUTR. Recommendations of the ' ' be incorporated into Technical Memorandum No. 5. Deliverable: Technical Memorandum No. 5 will evaluate alternatives for public transportation service in Collier County. Public Input: A public meeting will be held to elicit public comment on all deliverables prepared up to this point in the project. Meritorious suggestions will be reflected in revising the goals and objectives, needs assessment, and alternatives. This meeting will be held in accordance with the MPO's public involvement process. Task IX. Formulate a Five-Year Transit Development Program CUTR will prepare a five-year TDP, based on the results of Tasks II, 111, IV, V, VI, and VII and with ample input from the Review Committee. The following elements will be included in the plan: · Institutional, organizational, and management structure. · Alternatives and recommendations for meeting transit needs. · Five-year capital improvements, programmed and desired. · Five-year financial plan, including projected operating and capital projected revenue and funding. · A list of recommendations for which no funding source is identified. · Monitoring program to track performance measures. expenses, and 8 -----AGE TEM DEC, 11 2001 · Policy element ensuring that transit goals and objectives are consistent with and support local plans and initiatives. CUTR will prepare and, as requested, present to the Collier County Board of County Commissioners and/or Metropolitan Planning Organization, a draft TDP, which includes all elements identified above. The draft TDP will contain policies and strategies to implement the proposed plan, including the development of new funding sources. Deliverable: CUTR will submit twenty-five (25) copies of the draft TDP for review, comment, and acceptance. Following presentation, review, and acceptance of the draft TDP, CUTR shall prepare and submit the final TDP. n,:,liv,:,r*hl,-' Fifty ~,c;n/cnpi,-,s nf thc final TDP wi!l h,- pmp,,,~d by C:'UTR =nd County government. STAFFING A brief description of the principal staff persons assigned to the project and their responsibilities is provided below. Laurel Land, Senior Research Associate, will manage the project. Ms. Land has over 14 years of planning experience, with expertise in transit, paratransit, and strategic planning. She has managed and participated in the development of several TDPs, and has over eight years of experience in the TD program. Brenda Thompson, Research Associate, will co-manage the project. Ms. Thompson has experience in TDP development and transit evaluation. She has been extensively involved in the peer and trend analysis of transit systems in the Southeastern United States. Most recently, she completed a study involving customer satisfaction with transit service. Chris DeAnnuntis, Research Associate, brings expertise in transit operations. Mr. DeAnnuntis will be assisting in the evaluation of existing transit service and development of alternatives. Additional research associates and graduate students employed by CUTR will be involved in various phases of the project. Other researchers and graduate students may be added to the staffing team for this project as the need arises. 9 DEC 11 2001 Chandra Foreman, Research Associate, will assist in the development of the TDP. Ms. Foreman has experience in planning, research, and demographic analysis. She recently participated in the development of Manatee County Area Transit's TDP. Joel Rey, Senior Research Associate, has extensive experience in the performance evaluation of transit systems nationally and within Florida. Mr. Ray has also managed and participated in the development of many TDPs in the state, including the development of needs assessments and demand estimations. GENERAL Familiarity with the transit service area is vital to the successful preparation of a Transit Development Plan. Accordingly, CUTR will make a minimum of seven trips to Collier County for ....................... r- ............. , ........... u ........... , ,~,s,.~,ss,o ~,~,ups, and surveys, attending review committee and public meetings, and final presentations. On-site meetings will generally be scheduled in conjunction with deliverables. As noted in the description of Task 1, the Review Committee will have final say over all technical memoranda and reports. CUTR will respond to comments from the committee. 10 AGI~I~ID. ~ITEM No._ l,,~./ - DEC 11 2001 Pg. SCHEDULE Task Project Start Date Kick-Off Meeting (Task I) Technical Memorandum No. 1 (Task II) Technical Memorandum No. 2 (Task i11) Technical Memorandum No. 3 (Tasks IV and V) Technical Memorandum No. 4 (Task VI) Formulate TDSP (Task Vii) Technical Memorandum No. 5 (Task VIII) Submit Draft TDP (Task IX) Submit Final TDP (Task IX) Completion Date December 13, 2001 December 13, 2001 February 1, 2002 February 22, 2002 March 15, 2002 April 1,2002 July 1,2002 May 1, 2002 May 31,2002 June 14, 2002 11 AGEN[;)~, ~EM No. DEC 11 2001 BUDGET Total Salaries (including fringe at 32%) Other Personnel Miscellaneous Expenses Printing/Photocopying Travel Long Distance Telephone Charges Postage/Overnight Delivery Supplies Subtotal TOTAL $42,800 10,000 2,500 5,500 2O0 5OO 1,000 $62,500 $12,500 $75,000 12 DEC 11 2001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PROVIDE FUNDS TO THE RADIO ROAD MUNICIPAL SERVICES TAXING UNIT (MSTU) BEAUTIFICATION FUND. OBJECTIVE: To make a portion of reserves available to fund the second part of a loan. CONSIDERATION: Funds are necessary and will be utilized for paying off the second part of a loan. The Radio Road MSTU Beautification was loaned $160,000 for landscaping to Radio Road. The first part of the loan was paid back in Fiscal Year 00-01. The second part will be paid back this Fiscal Year. At the October 15, 2001 Radio Road MSTU Beautification Advisory Committee meeting, the committee voted to move the funds from reserves to debt services. · ~'~ FISCAL IMPACT' There are \\,~ .... ,~ ~. reserve funds in the amount of $177,600. The MSTU 'c.' would like to move $80,000 into the debt service (150-949040-871200). A Budget Amendment will be needed to transfer funds from the Radio Road Beautification Reserve Fund to Debt Service. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve a budget amendment to make funds available for the Radio Road Beautification fund. Bob Petersen, Project Manager, Landscape Operations Edward~. I~'"'~,/b~:'E~, Transportation Operations DiCe .ctc~r No(m~n E. Feder, AICP, Transportation Administrator- APPROVED BY: DEC 11 2001 - DRAFT Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 October 15, 2001 III. IV. VI. VII. The meeting was called to order at 4:31 PM by Crystal Kinzel. ATTENDANCE: A. Members: Crystal Kinzel; Susan Saum; Bill Jaeger. Absent were Dale Lexvis and Wolfgang Schulz. B. Collier County: Ed Kant, DOT Director of Operations; Bob Petersen and Val Prince, DOT Landscape Operations. C. Other: Robert Kindelan, Commercial Land Management; Allen Jost, Manpoxver Secretarial Services. APPROVAL OF MINUTES: August 20, 2001 as presented. approval. Bill Jaeger moved to accept the minutes of Seconded by Susan Saum. Unanimous TRANSPORTATION SERVICES REPORT: A. BUDGET: The Fund 150 Budget was presented in a nexv format. Val Prince revie~ved the changes and explained the details. A copy is made a part of the minutes and is attached herewith. Sue Saum made a motion to move $80,000 from 'Reserves for Future Construction' in the Debt Summary to 'Debt Service' under Transfers Summary. It was seconded by Bill Jaeger. Motion carried unanimously. LANDSCAPE MAINTENANCE A. MONTHLY REPORT: Robert Kindelan reported that there were normal maintenance problems. Mulching is scheduled for November. The intersection of Airport and Radio was finished last month. COMMITTEE MEMBERS REPORT: None OLD BUSINESS: A. YELLOW POLES: Crystal Kinzel asked Ed Kant about the delineators that were blocking the left tums lanes that were closed. Ed stated that these were only temporary and xvould be replaced by regular curbing. The existing blacktop in those tums would be tom up and soil will replace it. The county will do new sodding and plantings that will be at their~ No. DEC 11 2001 1 VIII. IX. X. B. STANDING WATER - MEDIAN 9: Bob Petersen reported that he had an estimate from Commercial Land Management to pull everything out, raise it and then replace all the irrigation and plantings. The total cost would be $2544.48. Bill Jaeger moved to authorize the repair for that amount. Sue Saum seconded the motion. Motion carried unanimously. C. COMMERCIAL INTERSECTION: Bob Petersen reported that he contacted Jim Vickery, Radio Road Joint Venture and would have more information on what could be done to beautify and maintain the island at the next meeting. Bob will draft an executive summary that will allow the committee to maintain this island and have it ready for the next meeting. D. CONSOLIDATION OF MSTU'S: There is no new information on this initiative. NEW BUSINESS: None. PUBLIC COMMENTS: None ADJOLFRNMENT: The meeting was adjourned at 5:13 PM The Next Meeting will be Monday, November 19, 2001 at 4:30 Pill DRAFT '-- I DEC 11 2001I Pg. ~ EXECUTIVE SUMMARY APPROVE WORK ORDER NO. 53 WITH FLORIDA STATE UNDERGROUND, INC. FOR INSTALLATION OF CULVERTS ON LAKEWOOD BOULEVARD, PROJECT No. 60055 OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order # 53 for the drainage improvements on Lakewood Boulevard. CONSIDERATIONS: Drainage improvements on Lakewood Boulevard consist of constructing new concrete culverts and headwall structures near the north entrance of Boca Ciega Drive. This Work Order utilizes the Underground Utility Contracting Services, Contract #00-3087. Four proposals xvere received as follows: Kyle Construction $187,823.00 Mitchell & Stark $161,759.00 D.N. Hiegins $136,994.50 Florida State Underground. $125,384.64 FISCAL IMPACT: Funds in the amount of $125,384.64 are budgeted in the Gas Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners attthorize the Transportation Operations Director to approve Work Order # 53 on behalf of the Board. SUBMITTED BY: Daniel G. Hall, E.I., Engineer' ' Transpofrtation O~rafi~partrrfent REVIEWED BY: / Edward J. Kant, ~.EffD~rector Transpo atiO~ ~]~.ations Department APPROVED BY: No~n ~'eder, Administrator Tr:~portation Division Attachment: Work Order #53 Date: Date ~/.~'"/'//~? / Date DEC 11 2001 WORK ORDER # 53 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated September 16, 2000 (Renewed on 9/16/01) · ,tis Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Lakewood Boulevard Culvert Improvements The work is specified in the proposal dated November 9, 2001 from Florida State Underground, Inc. which is attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # 53 is assigned to Flor~da State Underground, Inc. to do the following work: Sco .- Task I: Install the new concrete piping and headwall structures as shown on the plans. Sche~dule of Work: Complete within Forty five (45) Calendar days. Com_p__ensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task l $125,384.64 TOTAL FEE $125r. 384.64 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. \ Daniel G. Hall, E.I~¢ Engineer' \ ! · ·~'~?~--1-) .~' Approved By: -:' ~,''L''/~,~ Edw&rd ~.'kant,.'/Ib.E., Transportation Operations Director / Approved as to Form ~nd Legal Sufficiency: :::'L -- . Assistant County Attorney ATTEST: (Corporate Secretary) - Type Name andl, ff'ltle Date /"}' 4 ./.¢' / Date FI6'fida StaCLr Underclround, Inc. Name of Firm ~ -'~'"'~',-?-,"7~,'-~?~sd-~-''~ ...... '~' DEC 11 2001 Proposal FLORIDA STATE UNDERGROUND, INC. j...r¢,O Domestic Avenue Naples, Florida 34104 (941) 643-6449 Fax (941) 643-6891 MR. JUUO F. ORDONEZ, P,E. PHONE 650-5787 DATE ~ SUBMll-FED TO COLLIER COUNTY GOVERNMENT STREET 2705 S. HORSESHOE DRIVE STATE. and 71P CODE NAPLES FL. 34104 ENGINEER ~ 774-8494 JOB NAME LAKE WOOD BOULEVARD ~----"m'~OCATION NAPLES ----~'~'~ O F PLANS 11-9~01 jOB PHONE 10-31-01 COLLIER COUNTY BOARD OF COMMISSIONERS ~ We hereby submit specifications and estimates for. labor and material for items listed below, 102-I ;C4-1 1~¢.15-1 331-72-12 4.30-1 ,~2-112 5~2-t 57"~-I 591-2 591-3 711 - '~1'.;. G1 711 De~cFiptlon ~O'-~'~'~-ZATI O N ~FFiC ~-~BIDITY~ FLOATi NG ;'i'AKED SILT FENCE .3~ND GRUBB1NG ONCRETE SIDEWALK,._4" ~ iRAVITY MAIN PRO IbL;, 1ON ~ WATER~?22,N ~FORCE MAIN RELOCATION ~ ,STI~tIPE. TNERMO. ~ ~AFF1C 8TRIPE, THI SUBTOTAL Total Bid 12850.00 9500.00 4000.00 480.00 17096.71 2460.50~ 3giB.Go 2868.10 16623,20 39520,00 400.00 753.50 1167,72 1100,00 5844,31 5502.00 200.00 100.00 125,384.64 N/A WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum oi: · be made as Follows' PER CO ~t mallet m guar~ - ~.~ -~,~. ' ~v ~te~Uon or deviation ;rom aoow '~ome an e~ra chaee ~er and above the esu ....... ~,- Project Manager , . ..... --,~,~ ~-,~nd our coAlr~ Owner to c~ tire. to~do and o~er st ~=" ~ "~e Our wooers ara fully covered by Worth s Co~flsatmon Note; This proposal may be withdrawn by us if not accepted nec.~a~ msu . · within ~ days. In~ureflce, ACCEPTANCE OF pROPOSAL - Th. above pricea, specifications and conditions are sa, tisfacto~ and are hereby accepted, You are authorized to do the ~rk as specified. Payment will be made as outtined above. Date of Acceptance: Signature Signature AGE DEC 11 2 ~8c;:~[ TO 60 Ac)il ,EXECUTIVE SUMMARY APPROVE A JOINT PROJECT AGREEMENT WATER MANAGEMENT DISTRICT AND CONSTRUCTION OF A BOX CULVERT AT BOULEVARD (CR 951), PROJECT # 63051 BETWEEN THE SOUTH FLORIDA COLLIER COUNTY FOR THE 951 CANAL EAST OF COLLIER OBJECTIVE: That the Board of County Commissioners approve a joint project agreement between South Florida Water Management District (SFWMD) and Collier County Board of Commissioners for the design and construction of a box culvert at 951 Canal.. CONSIDERATIONS: Staff has negotiated a joint project agreement with SFWMD. As part of the Vanderbilt Beach Road Widening Improvements project, the South Florida Water Management District (SFWMD) proposes the County to enter into an agreement thereby the County will design and construct a box culvert on 951 Canal (within canal easement east of Collier Boulevard). SFWMD is requesting the County to include lids as part of the box culvert design so it can serve as a control structure. Funding for this box culvert including the lid has been budgeted within the Vanderbilt Beach Road project, and the County plans to fund the full amount of $200,000. After completion and final acceptance, SFWMD will reimburse the County the amount Not-to-Exceed $200,000. The County has already negotiated a Professional Engineering Services (design) contract with CH2MHILL to design the box culvert including the lids. In order for the County to get reimbursed by SWFMD, this agreement has to be executed before starting the design. ~-;FISCAL IMPACT: Funding for this project has been budgeted within the Vanderbilt '," Beach Road project in the Impact Fee District I Fund. After completion and final acceptance, SFWMD will reimburse the County the amount Not-to-Exceed $200,000. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 24 RECOMMENDATION: That the Board of County Commissioners (1) approve the attached joint project agreement and (2) authorize the Chairman of the Board to execute said contract. % DEC 11 2001 pg. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: A Nyankadau Korti, M.B.A., Project Manager Transportation Engineering & Construction Management Department ~-"~~e~ Date:/\/ c~//o I Mitch Riley, P.E., Project Manager, Principal Transportation Engineering & Construction Management Department Stephen Mi/l?r, P.E., Director Transp.,o.rt~,tion E,qgij~ee:ring & Construction Management Department Norr~an 'F'~der~ A(CP'~ Tr-ansportation Division Administ' 'r~tor / DEC 11 2001 Pg._ nRir iNAL AGREEMENT rilE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY Address: 2675 South Horseshoe Dr. Suite. 401 Naples, FL 34104 Project Manager: A. Nyankadau Korti Telephone No: (941) 214-5822 Fax No: (941) 774- 9370 Hereinafter referred to as: COUNTY This number must appear on all Invoices and Correspondence C-13925 M/WBE Goal: 0% COST SHARING INFORMATION Total Pro. ject Cost: $ 200,000 COUNTY Contribution: $ 0.0 PROJECT TITLE: VANDERBILT BEACtt ROAD BRIDGE AND WATER CONTROL STRUCTURE The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not Applicable Exhibit"H" - Not Applicable Exhibit 'T' Not Applicable Exhibit "J" Not Applicable Exhibit "K" Not Applicable Exhibit"L" - Not Applicable Exhibit "M" - Not Applicable _TOTAL DISTRICT CONSIDERATION: $200,000.00 !ulti-Year Funding (If Applicable) ,. iscai Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Not-to-Exceed AGREEMENT TERM: 3 vears EFFECTIVE DATE: Last Date of Execution bv the Parties District Project Manager: Ananta Nath District Contract Administrator: Telephone No: (941) 597-1505 Gabriel Ocasio-Davila (561) 682-2181 Fax No. (941) 597-4987 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES ANI) NOTICES TO TtlE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Division SUBMIT NOTICES TO TIlE COUNTY AT: COLLIER CNTY PUBLIC WORKS AND ENGINEERING 2675 South Hourseshoe Dr. Suite 401' Naples, FL 34104 Attention: A. Nyankadau Korti IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. COLLIER COUNTY Accepted By: Title: ate: Signature of Authorized Representative ~ ~ssl~ta~t ¢ount.v Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Frank Hayden, Procurement Director Date: ~'~']~q.D PROCUREA. LENT APP. ROVEI~ DEC 11 2001 Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CON~DITIONS ARTICLE 1 - STATEMENvr OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement' of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on Page 1 of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in Page this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1))'ear following the expiration or termination of this AGREEMENT. ARTICLE 3 - INWOICING AND PAYMENT 3.1 The COuN,5 > invoices ..... reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page 1 of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 1 of 9, Exhibit "B" 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor! ~'voIc~G~I~DAdTEM ' ' DEC 11 2001 Contract File:\Cm ~ty.doc 10/04/01 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. Hoxvever, failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMEN~I'/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page 1 of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. Page 2 of 9, Exhibit "B" ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the ~c~t~.{'~,,~th, g .natty AGEN!:;~ IgM DEC 11 2001 Contract File:\C( ~nty.doc 10/04/01 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior ~Titten notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall deterwdne that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. It' this provision is invoked, the DISTRICT shall notify the COUNTY in ~Titing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page I, with the balance of matching funds and/or in-kind services to be obtained from COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENvrlON/ OWNERSHIP 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records' shall maintain all financial and nor Page 3 of 9, Exhibit "B" Contract File:\Cou No. ID ID ~ ._ BEC'I 1 2001 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to exam/ne in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final paym..ent under this AGREEMENT and upon reasonabie notice, time and place. C. Extended Availability of Records for Le_oal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer pro,ams, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any Page 4 of 9, Exhibit "B" additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COU,~TY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. AGENDA-ITEM DEC 11 2001 Contract File:\C, .~nty.doc 10/04/01 '7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action rezarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed Page 5 of 9, Exhibit "B" on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee wor'king solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or a~eed to pay any person, other than a bona fide employee wor -king solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. ~ '~ The COUNTY s .... 1 t~ .....acccss to project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant tc 'Catt'~,~E~i~tSDA fTE.M NO. [~'iD ~ DEC 11 2001 Contract~ile:~Count Joc ]0/04/0~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT..amy attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MJWBE PARTI Page 6 of 9, Exhibit "B" Contract File:\Counl ;IPA~DA, ITEM DEC 11 2001 .doc 10/04/0~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (MIWBE) participation goal has been established for this AGREEMENT; however,' both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBVBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will .... o ..... s imtiauves to the extent allowed by support'~ '~" ' ' law. ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the COUNTY's performance, as required by this AGREEMENT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 COUNTY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, COUNTY further represents and warrants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind previously developed by the COUNTY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the COUNTY shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the COUNTY shall refund to the DISTRICT the full amount of the License Fee actually paid to the COUNTY for the software; and, in the case of hardware return, the COUNTY shall refund to the DISTRICT the full amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the Page 7 of 9, Exhibit "B" Contract File:\Coun No. DEC 11 2001 '.d;; 10/04/01 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This .article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 - GENEILa, L PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Govemrnent, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and ali documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision Page 8 of 9, Exhibit "B" of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous cond nons. AGi::NDA [TI~M NO. i ~.g") q_ DEC 11 2001 Contract File:\Cou ty.doc 10/04/01 ~ 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work persons who may be affected thereby; pedestrians, visitors, or traveling public; and other including 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and Page 9 of 9, Exhibit "B" 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. a,,,.,.tm~, safety of 13.10 Emergencies: In emergency ,*c~. c~ persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmentah When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. -~AGENgA,[TEM No. Lrh. DEC 11 2001 Contract File:X )unty.d ~ -~ EXHIBIT '~2" STATEMENT OF WORK VANI)ERBILT BEACH ROAD BRIDGE AND WATER CONTROL STRUCTURE Contract Number C-13925 BACKGROUND The District has an ongoing canal improvement plan for the CR 951 Canal. Collier County has an ongoing roadway improvement plan for Vanderbilt Beach Road. The District and the County shall provide in-kind services to relocate and replace the facilities noted in Table 1 to facilitate these ongoing projects. In addition, one water control structure will be constructed. SCOPE OF SERVICES Task 1 - Design Collier County shall design and provide detailed construction plans and specifications for the relocation and replacement of all County owned facilities within the canal right of way identified in Table 1. The facilities shall be relocated and the canal excavated to the requirements noted in the H/H report prepared by Big Cypress Basin staff. In addition, a water control structure at the Vanderbilt Beach Road location will be included. This structure shall be a gated culvert that meets the requirements outlined in the Hill report prepared by Big Cypress Basin staff. Design work shall be performed by a registered engineer, licensed in the State of Florida. Task 2 - Right of Way Occupancy Permit Collier County shall submit an application for a District Right of Way Occupancy Permit for all County owned facilities xvithin the canal right of way pursuant to Ch, apter 373.085, Florida Statutes. Collier County shall be responsible for the completeness of the application and provide such information as is reasonably necessary to complete the application. All County facilities must meet the District's Right of Way criteria as outlined in the Permit Information Manual, Volume V, Criteria for Use of Works of the District (September 1999). If a waiver of District criteria is desired, Collier County shall submit an application for a waiver of District criteria and obtain approval from the District Governing Board. The District shall issue a right of way occupancy permit to Collier County within 90 days after receipt of a complete application which is in conformance with applicable District rules and criteria, and Collier County shall accept the permit with its limiting and special conditions. Special conditions are site specific, and cannot be furnished until the application is reviewed. District staff will recommend that any application processing fees be waived, however, final determination for such waiver must be made by the District Governing Board. Collier County shall be responsible for any fees associated with any future permit modifications AOEiqrm it. Eft. NO._ /kJ-/"J'~ ~" 'f~-~ . k~i- DEC 11 2001 EXHIBIT "C" Task 3 - Environmental Permits Collier County shall make reasonable efforts to obtain necessary required state and federal permits, and local approvals, unless otherwise exempted by this agreement. Task 4 o Construction Collier County shall provide contract development and contract management services required for the construction of the Vanderbilt Beach Road bridge and water control structure. Services include, but are not limited to, construction management services and supervision, preparation of construction contract documents with detailed plans and specifications for the canal improvements, contract advertisement, bid evaluation and contract execution, supervision and administration of the construction contract for the approved capital improvements by an independent private contractor. Collier County shall award a construction contract in accordance with County Procurement policies and procedures approved by the Board of County Commissioners. Construction shall not commence until the County acquires all necessary permits from Task 2 and Task 3. Task 5 - Project Acceptance The District shall reimburse Collier County for actual construction costs of the water control structure, not to exceed $200,000. Actual construction costs shall be determined from the Contractor's Schedule of Values after contract award to the lowest responsible and responsive bidder. Payment will be made, and an invoice can be submitted to the District after substantial completion of the facilities. The County project manager shall verify in writing that the work for which the invoice is rendered has been completed. The Count)' design engineer shall provide final certification that the work as described and outlined in this Statement of Work has been completed in accordance with the County construction contract documents and all claims relative to these projects are satisfied. The County shall provide whatever supporting documentation ~-,-,,~,,.~,-,;,-,- and to support the ,,..c~ss-r3 for the District to verify ma3' be deemed ..... lump sum payment amourit specified in Exhibit "D". ral/c- 13925 sow.doc Page 2 of 3 AGEblD~A~bTEM, DEC 11 2001 June 25, 2001 EXH/BIT "C" " Table 1 Collier County Facilities within or'near the CR 951 Canal Right of Way District Facility Permit Status Disposition Station 107+00 20-inch pile supported water permit number 10703 Collier Co. will relocate and main near Vanderbilt Beach :replace as needed to comply Road with District ROW criteria and bridge requirements 107+00 4-inch buried force main near Permit number 10379 Collier Co. will relocate and Vanderbilt Beach Road replace as needed to comply with District ROW criteria and bridge requirements 107+46 '4-48" cmp no ROW permit Collier Co. will relocate and Vanderbilt Beach Road replace as needed to comply iwith District ROW criteria and bridge requirements 107+80 sign - "adopt a road" no ROW permit ~Collier Co. will relocate and near Vanderbilt Beach Road replace as needed to comply with District ROW criteria and bridge requirements 107+80 sign - "soft shoulder" no ROW permit Collier Co. will relocate and near Vanderbilt Beach Road replace as needed to comply with District ROW criteria I and bridge requirements c-1392.5sow.doc Page: 1 of 1 AGENDA iTEM DEC 11 2001 pg. Sunc 25, 2001 EXHIBIT "D" Tasks, Due Dates and Payments Task Description Due Date1 Paymentz 1 Design 12 months 0.00 2 Right of Way Occupancy Permit 13 months 0.00 0.00 3 Environmental Pe,vfits 13 months 4 Construction 36 months 200,000.00 Total $200,000.00 1 The due date is expressed in months following the execution of this Agreement 2 The dollar amounts indicated are Lump Sum Amounts AG NDA ITEM DEC 11 200t c-13925sow.doc Page 1 of 1 June 25, 2001 EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT TO PROVIDE FLOOD RELIEF FOR PROPERTY OWNERS WITHIN THE KIRKWOOD AVENUE/GATEWAY TRIANGLE AREA. OBJECTIVE: To approve a Donation Agreement and accept a Drainage Easement from AT&T Wireless Services of Florida (AT&T) that is necessary to implement the Gateway Triangle Storm Water Master Plan and improve the existing drainage conditions along portions of Kirkwood Avenue. CONSIDERATIONS: The Stormwater Management Department's Storm Water Master Plan includes alleviating the chronic flooding problems within thE; Gateway Triangle Redevelopment area. In this regard, it has been determined necessary to increase the size of an existing six-foot wide drainage easement, three feet of which run along the easterly boundary of Lot 42, Avondale Estates owned by AT&T. This easement will be widened by 17 feet and measures 120 feet in length and is shown on the attached Exhibit A. Acknowledging the benefits to the business and property owners of the Kirkwood Avenue/Gateway Triangle area, AT&T has agreed to generously donate the above easement. ~,-.~FISCAL IMPACT: The total cost of acquisition should not exceed $450, which includes title \-~%..~m'~' ~ policy, and recording of all documents. Funds are available in the 1981 Water Management CIP (Fund 325), Gateway Triangle Improvement (Project 31803) of the Stormwater Management Budget. GROVVTH MANAGEMENT IMPACT: This Drainage Easement is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Donation Agreement; (2) Authorize the Chairman to execute the Donation Agreement; (3) Accept the Drainage Easement; and. (4) Authorize Staff to record with the Clerk of Court the Drainage Easement and appropriate documents to clear title in the Public Records of Collier County. A~Ei:N~A ITEM DEC 11 2001 Pg. Executive Summary Gateway Triangle Improvement Page 2 SUBMITTED BY: Hope Brack, Property Acquisition Specialist Real Property Management Department REVIEWED BY: Toni A. Mott, 'Real Property'Supervisor Real Property Management Department t3~arles E. Carrington, ~Jr., SR/ICCA, Director Real Property Management Department REVIEWED BY: APPROVED BY: !o1~o H ...... Boldt; P E, P S M, Director Stormwalter Management Department Noi'man Feder, Administrator Transportabon Division DATE: DATE: DATE: DATE: DATE: ^ DEC 11 2001 pg. Z PROJECT: Kirkwood Ave Ext./GatewayTdangle PARCEL #: Lot 42 FOLIO #: 22721320005 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between AT & T WIRELESS SERVICES OF FLORIDA, INC., A FLORIDA CORPORATION, (hereinafter referred to as "Owner"), whose mailing address is 11760 US Highway 1, West Tower, Fifth Floor, North Palm Beach, Florida, 33408, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of constructing, operating, and maintaining drainage and utility facilities over, under, upon and across the lands described in Exhibit "A" (said drainage easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set fodh herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via a Drainage Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, propedy executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Flodda. AG ~,1~ I~ IT~t No._ DEC 11 2001 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, FIodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida AGEt,{Z)/~TEM No. , DEC 11 2001 Pcj. , Z~J _ IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above wdtten. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman AS TO OWNER: WITNESSES: Witness (~ignature) AT & T WIRELESS SERVICES OF FLORIDA, INC., A FLORIDA CORPORATION System Development Manager Name:.r'?/7*, c~4c.¢'/__ ,,~.,, (Print or type) Approved as to form and le~l/sufficiency: Ellen T. Chadwell Assistant County Attorney AGB~D/~ ITEM No. .%. DEC 11 2001 Pg. ~ PUBLIC ,WORKS ENGINEERING DF~'ARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ........ 31803 PARCEL NO ........... 801 FOLIO N O ..~. & .¢. ~ 15.~flfl.-~. ............ KIRKWOOD J I J EASEMENT ; ~J ~ ~ ~T gRAINAGE EASEMENT I LOT 42 LOT 41 PARCEL 801~ I I I , I LEGAL DESCRIPTION THE WEST SEVENTEEN (~7') FEET OF THE EAST ~EN~ (20') FEET OF LOT 42. OF THE P~T THEREOF. AVONDALE ESTATES,AS RECORDED tN P~T BO0~4, PAGE ~, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 20~ SQUARE FEET MORE OR LESS. EXHIBIT g 1) P.O.C. = POINT OF COMMENCEMENT ~o~ 2) P.O.B. = POINT OF BEGINNING PREPARED · TE.~. f 3) SEC. = SECTION 4) ~P, = TOWNSHIP .PROFESSIONAL ~ND SURVEYOR.FL REG. I 5) RGE, = ~NGE PUBLIC WORKS ENGINEERINO DEPT. 6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3~ EAST TAMIAMI TRAIL I 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL QF A PROFESSIONAL ~ND SURVEYOR ~O,~ DRAWN ~Y JCHECXED BY ~E ~ ~IE F~E ~ NOTTOSCALE MARCH19,1999 AVNOL1 SHEET1OFI' DEC 11 2001 PROJECT: Kirkwood Ave Ext./Gateway Triangle PARCEL NO.: Lot 42 FOLIO: 22721320005 DRAINAGE EASEMENT P~e~a~d Ellen T. Ch~dwe11, Office ~f the County 3301 E.~;t T~iami Trail Naples, Florida 34~12 (94[) 77~ THIS EASEMENT, made and entered into this .~' day of t~:~c~/-~ ~ ,2001, by AT & T WIRELESS SERVICES OF FLORIDA, INC., A FLORIDA CORPORATION, whose mailing address is 11760 US Highway 1, West Tower, Fifth Floor, North Palm Beach, Flodda, 33408, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT NOW NOR HAS IT EVER BEEN HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Granter has caused these presents to be executed the date and year first above written. A(Print) / Name: /~/~/, ~Pfl'nt) WITNESSES: Witr~ess (S~atur'e) STATE OF ~h COUN~ OF AT & T WIRELESS SERVICES OF FLORIDA, INC., A FLORIDA CORPORATION MICHAEL JU~AN System Development Manager 1760 US Highway 1 West Tower, Fifth Floor N. Palm Beach, Florida 33408 < The foregoing Drainage Easement was acknowledged before me this~° day of by MICHAEL JULIAN, es System Deve!opment ,Mancg~r of AT&T Wireless Services of Florida, Inc., a Florida corporation, who is personally know to me or who had produced as identification. (.S~gn~ ure of Notary Public) (Print Name of/Notary Public) NOTARY PUBLIC ~,L~' ]~ Serial/Commision~:ifany) ~ ll:'~ ~ ~ ~~ Il My Commission Expires: !1~¢~ ~ ~ ~3, m /t iL :',.,,>' ~~-- I! .... o~as to f~ ~1 s~ftcte~ ~ ':: ~stant C~1 · ;T~en T. PUBLIC WORKS ENGINEERING DFJ::)'ARTMENT 3301 EAST TAMIAMI TRAIL . NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ........ 31803 PARCEL NO ........... 801 FOLIO N O ..~..Z.~J;;t,~,0.a,~, ............ KIRKWOOD ROAD LOT 41 LOT 42 ~'II 11 PARCEL B01---~- , il L.~-- 3' ~..X~ST',NO ORA~NA(3S EASF. M~N! EASEMENT -~-- 17' DRAINAGE EASEMENT LOT 43 LEGAL DESCRIPTION THE WEST SEVENTEEN (~7') FEET OF THE EAST TWENTY (20') FEET OF LOT 42, OF THE PLAT THEREOF, AVONDALE ESTATES,AS RECORI~EO IN PLAT BOOK 4, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2040 SQUARE FEET MORE OR LESS. EXHIBIT Page I o¢ GENERAL NOTES 1) P.O.O. = POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. ~ RANGE 8) ~ = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYQR NOT TO SCALE MARCH 19, 1999 pROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLICWORKS ENGINEERING OEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 AVNDL1 SHEET 1 OF 1 DEC 11 7.001 EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5311 (OPERATING ASSISTANCE) FUNDS. OBJECTIVE: To approve the attached JPA for financial assistance (FDOT Financial Number 20478918401) and Resolution authorizing the Chairman to enter into the JPA with the Florida Department of Transportation, unless specifically rescinded. CONSIDERATION: On January 9, 2001, the Board of County Commissioners approved a Federal Transit Administration (FTA), Section 5311 grant application for funding, operating and administrative expenses associated with the provision of public transportation service in rural areas of Collier County. FISCAL IMPACT: This is a reimbursement grant that the county will bill on a monthly basis as expenses are incurred. This grant request of $112,200 will require a 50% "Soft" match. Soft match funds are not additional cash. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of County Commissioners approve the Agreement, necessary budget amendments and authorize the Chairman to enter into the JPA with the Florida Department of Transportation, unless specifically rescinded. Prepared by: .~.>Jill' k;1."Brpwn, Public Transportation Planner . Reviewed by: ,/~~L~~.~ Date: I~aw~/~/e, ~.~~,ort~nn'~ng Director Approved by:. r < i' Fe~der/~r~a~tion Se Date' ~o m~ry~-. I-{ , p ' rvices Administrator ' / Date: 11/30/01 11/30/01 11/30/01 JEB BUSH GOVERNOR Florida Depaz'tm en t o£ Tran spoz'ta t/on TItOMAS F. BARRY, JR. SECRETARY September 24, 2001 Ms. Jill Brown, Public Transportation Planner Collier County Metropolitan Planning Organization 2685 South Horseshoe Drive, Suite 211 Naples, FL 34104 Re-' Joint Participation Agreement - Section 5311 Item-Segment-Phase-Sequence Number: 20478918401 Federal Number: FL-18-X020 County: Collier County Dear Jill: Attached are four (4) copies of a Joint Participation Agreement (JPA) providing for Department participation in the above referenced project. Please execute and return three (3) copies of the agreement in accordance with the attached checklist. Do not date the agreements. The fourth (4th) copy is for your records. Please note paragraph 8.30 of the JPA entitled "Disallowed Costs". Do not incur any costs to this project until you receive a fully executed JPA from this office. Failure to comply with this provision is cause for nonparticipation by the Department. Also, please note paragraph 18.10 entitled "Final Invoice". This paragraph establishes a time frame for submitting the final invoice for the project. If you require additional information or have any questions, please feel free to contact this office. Sincerely, John W. Starling District Public Transportation Manager JWS:fct (h :/managers/fran/j paexec-2.collier) Attachments 09-27-0t !0:4[4 i~CV~ District One, Public Transportation Office 801 North Broadway Avenue*Post Office Box 1249*Barrow, FL 33831-1249 (863)519-2386'(863)534-7172 (Fax)*MS 1-39 www@dot, state, fl. us CHECK LIST Please check for these items on Joint Participation Agreements, Supplemental Joint Participation Agreements, or Joint Participation Agreement Terminations to ensure validity of the Agreement. (1) (2) (3) (4) (5) Original Signature must appear on three (3) copies_ of the Agreements. Please be sure authorized parties type titles and names on all copies for clarity. Please provide txvo resolutions from the Agency authorizing signing of the Agreement. Resolutions must specifically identify, by name or title, person(s) authorized to sign Agreements. Resolutions must bear original signature with seal. A sample Resolution is attached for your consideration and use. Please do not fill in any dates on the Agreements. Please return three (3) signed copies of the Agreement for further processing to the District Public Transportation Office at the address below: Ms. Fran Theberge, Project Coordinator Florida Department of Transportation District 1, Southwest Area Office P. O. Box 1030 Fort Myers, Florida 33902-1030 A copy will be furnished to your Agency after the Agreement is executed by the (6) Department. Do not obligate funds against this project until final execution of the Agreement by the State has been completed and you have the necessary written approval from the Department. Pg.... RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5311 (OPERATING ASSISTANCE) FUNDS. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Section 5311 Funding, Item-Segment-Phase-Sequence (Financial Management Number) 20478918401 is approved. 2. That the Chairman is authorized to enter into the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS DAY OF MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. AFTER A ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Dwight E. Brock, Clerk James D. Carter, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi Ashton, Assistant County Attorney STATE OF FLORIDA DEPAJ~TMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725-0~0-06 PUBLIC TRANSP ADMIN - 07/01 Page 1 of 12 Fund: 010 Financial Project No.: 20478918401 Function: 680 (item-segment-phase-sequence) Contract No.: Federal No.: FL-18-X020 Catalog of Federal Domestic Assistance Number: 20.509 FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of State Financial Assistance Number: N/A THIS AGREEMENT, made and entered into this day of , , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F, Naples, FL 34112 hereinafter referred to as Agency. WITNESSETH' WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 (1) (a) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the Agency's operating and administrative expenses associated with the provision of public transportation service in rural areas of Collier County as described in the Agency's Application for Federal Assistance dated January 9, 2001, on file in the Department, and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any o.f the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 224,400.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 112,200.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (~ is ,,~(~, is applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs.~,,or~ amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (~) is ~ is not applicable. If applicable, n/a percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. · Pg' (ttc FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner ~ prescribed by State Law for the security of public funds, or as approved by the Department. 7.:30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency General, or any other state official. FORM 725-O3O-06 PUBLIC TR, ANSP ADMIN - 07/01 Page 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accodance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. FORM 725-030-06 PUBLIC 'fR.ANSP ADMIN -07/O1 Page 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office Bartow , FL, 33831-1249 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistanc~ the project suspends or terminates federal financial assistance to the project. In the (~wr~t'Of su~.l~.e..~r~e~n or termination of federal financial assistance, the Agency will reimburse the Department Ior / Pc.- ' FORM 725030-06 PUBLIC TRANSP ADMIN - 07/91 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Depadment, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department"specifical~ r(j~erves unto itself the right to review the qualifications of any consultant or contractor and to approve or Uis~iPl~.'.~_V~ employment of the same. I FORM 725-O30q36 PUBLIC TRANSP ADMIN - 07/01 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultar contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall net discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national ori! The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 19(~8, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the ,ederal government issued thereunder, and the assurance by the Agency pursuanttheret°' j'--~ - ,i(~j~.~..,[.,.-!~ ~,,~. ..... , FORM 7254330.06 PUBLIC TRANSP ADMIN - 07/O1 Page 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such Present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. FORM 725-050-06 PUBLIC TF~SP A~)MIN - 07/O1 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the user. life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Depadment or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contrac, which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page 10 of 12 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. '16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. '17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2003 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District One Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: FORM 725-O3O-06 PUBLIC TRANSP ADMIN - 07~1 Page '11 ot 12 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 2'1.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods a, services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, mav. not be awarded or perform work as. a contractor,, supplier. .subddhtr~ct'°r~i ,.~" t f'-~ r~,~r co~sultam ....... under a contract with any public entity, and may not transact business w~th any public enhty. FORM 725-03O-06 PUBLIC TRANSP ADMIN - O7/01 PaN 12 of 12 Financial Project No. Contract No. Agreement Date 2O478918401 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Collier County Board of County Commissioners NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATURE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION TITLE DEPARTMENT OF TRANSPORTATION TITLE ~proyed/a$ to~ for~t le,~al sufficienc) ~ Assi~ta~'t ~'oun~cy Attorney - RECYCLED PAPER FINANCIAL PROJECT NO. 20478918401 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, FL 34112, dated PROJECT LOCATION: Collier County PROJECT DESCRIFTION: Operating and administrative expenses associated with the provision of public transportation services in rural areas of Collier County as described in the Agency's Application for Federal Assistance dated January 9, 2001; beginning upon execution of this agreement and expiring on September 30, 2003. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the agreement. As a rule, it will be limited to operational items not having an impact to the scope or budget of the agreement. If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. END OF EXHIBIT A March 16. 2001 FINANCIAL PROJECT NO. 20478918401 CONTRACT NO. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, FL 34112, dated I. PROJECT COST: $224,400.00 Operating and administrative expenses associated with the provision of public transportation services in rural areas of Collier County. II. TOTAL PROJECT COST: PARTICIPATION: Maximum Federal Participation FTA, FAA ( n/a %) Agency Participation In-Kind ( n/a %) Cash ( rda %) Other ( 50 %) $224,400.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) ( n/a %)or Federal Reimbursable (DU)(FRA)(DFTA)( 50 %) or Local Reimbursable (DL) ( n/a %) or TOTAL PROJECT COST or $ rda $ n/a $ n/a $112,200.00 $ n/a $112,200.00 $ n/a $224,400.00 1 of 2 January 25, 2000 III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following. fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 Sanua~j 25, 2030 FINANCIAL PROJECT NO. CONTRACT NO. 20478918401 EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County_ Commissioners, 3301 East Tamiami Trail, Building F, Naples, FL 34112, dated Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said COSTS. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 1 of 3 June 30. 2000 SECTIONS MARKED WITH AN 'X' ARE APPLICABLE TO THIS AGREEMENT Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. X 2. Other contracts less than $25,000 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY X X X X X X Procurement Requests Agency Safety Compliance Agency Specifications Agency Invoices Agency Audit Reports Agency Annually During Life of Project Project Progress Reports (In Department approved format) Agency Annually During Life of Project Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. 2 of 3 June 30, 2000 Federal Program Requirements X Section 5311 This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. § 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 653 and 654. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in non-urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (EXHIBIT B). N/A Section 5310 This Agreement is in conformance with Section 5310 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. § 5310) and Section 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds. 3 of 3 June 30, 2000 EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE BLOCK GRANT FUNDS, OBJECTIVE: To approve the attached JPA for financial assistance (FDOT Financial Management Number 4071130-1-84-01) and Resolution authorizing the Chairman of the Board of County Commissioners (BCC) to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. CONSIDERATION: The attached Resolution authorizes the Chairman of the BCC to enter into, modify or terminate a JPA with the Florida Department of Transportation. Funds from this grant will provide fixed route public transportation service. Funds from this grant will be made available once the Florida Department of Transportation receives and executes the attached Agreements. The Agreements must be accompanied by a Resolution authorizing execution. FISCAL IMPACT;. This is a reimbursement grant that the County will invoice on a monthly basis as the expenses are incurred. The total amount of the State Block Grant is $536,150.00. The FTA reimburses 50% of this amount. This grant request will require a 50% "Soft" match, which will be available from funds budgeted for Transportation Disadvantaged (TD) trips in rural areas provided by the Agency for Health Care Administration, other agencies and County funds. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation element of the Growth Management Plan. RECOMMENDATION:. That the Collier County BCC approve the Agreement and any budget amendments necessary to receive these funds and authorize the Chairman of the BCC to enter into, modify or terminate the attached Joint Participation Agreement. Prepared by: ~ - Date: 11/30/01. Jitl' M~~Planner a~wn~R/~ Date: 11/30/01 Reviewed by: Tr~p ~/~lanning Director olfe, orr I~ r~~.~ 2/~/~. Date:l 1~30~01 Approved bY.No ~ ' 'n E. Feder, Transportabo Services Administratur I JEB BUSH GOVERNOR Flozff da Depaz'trn en t o£ Transporta t/on THOMAS F. BARRY, JR. SECRETARY September 24, 2001 Ms. Jill Brown, Public Transportation Planner Collier County Metropolitan Planning Organization 2685 South Horseshoe Drive, Suite 211 Naples, FL 34104 Re: Joint Participation Agreement - State Block Grant Item-Segment-Phase-Sequence Number: 40713018401 Federal Number: N/A Count)': Collier Count)' Dear Jill: Attached are four (4) copies of a Joint Participation Agreement (JPA) providing for Department participation in the above referenced project. Please execute and return three (3) copies of the agreement in accordance with the attached checklist. Do not date the agreements. The fourth (4th) copy is for your records. Please note paragraph 8.30 of the JPA entitled "Disallowed Costs". Do not incur any costs to this project until you receive a fully executed JPA from this office. Failure to comply with this provision is cause for nonparticipation by the Department. Also, please note paragraph 18.10 entitled "Final Invoice". This paragraph establishes a time frame for submitting the final invoice for the project. If you require additional information or have any questions, please feel free to contact this office. Sincerely, John W. Starling District Public Transportation Manager JWS:fct (h:/managers/fran/jpaexec-3-collier) Attachments 09-7.7-01 i.0:45 R~;VD District One, Public Transportation Office 1 801 North Broadway Avenue*Post Office Box 1249*Barrow, FL 33831-1249[ (863)519-2386'(863)534-7172 (Fax)*MS 1-39 I Pg'- - -- www@dot.state, fl.us - CHECK LIST Please check for these items on Joint Participation Agreements, Supplemental Joint Participation Agreements, or Joint Participation Agreement Terminations to ensure validity of the Agreement. (1) (2) (3) (4) (5) (6) Original Signature must appear on tlu'ee (3) copies of the Agreements. Please be sure authorized parties type titles and names on all copies for clarity. f . Please provide two resolutions from the Agency authorizing signing of the Agreement. Resolutions must specifically identify, by name or title, person(s) authorized to sign Agreements. Resolutions must bear original signature with seal. A sample Resolution is attached for your consideration and use. Please do not fill in any dates on the Agreements. Please return three (3) signed copies of the Agreement for further processing to the District Public Transportation Office at the address below: Ms. Fran Theberge, Project Coordinator Florida Department of Transportation District 1, Southwest Area Office P. O. Box 1030 Fort Myers, Florida 33902-1030 A copy will be furnished to your Agency after the Agreement is executed by the Department. Do not obligate funds against this project until final execution of the Agreement by the State has been completed and you have the necessary written approval from the Department. N o..& G E-~"~.~- L': ~?-' DEC Il 2001 RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE BLOCK GRANT FUNDS. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for State Block Grant Funding, Item-Segment-Phase-Sequence (Financial Management Number) 40713018401 is approved. 2. That the Chairman is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. THIS RESOLUTION ADOPTED THIS DAY OF MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. AFTER A ATTEST: COLLIER COUNTY BOARD COUNTY COMMISSIONERS OF By: Dwight E. Brock, Clerk By:. James D. Carter, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi Ashton, Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725-O30-O6 PUBLIC TRANSP ADMIN - 07/01 Page 1 of 12 Fund: 010 Financial Project No.: 40713018401 Function: 680 (item-segment-phase-sequence) Contract No.: Federal No.: N/A Catalog of Federal Domestic Assistance Number: N/A FLAIR Approp.: 088774 FLAIR Obj.: 750010 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of State Financial Assistance Number: 55010 THIS AGREEMENT, made and entered into this day of , , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 E. Tamiami Trail, Bldg. F, Naples, FL 34112 hereinafter referred to as Agency. WITNESSETH' WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.0,52 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the eligible management, operating, and administrative expenses of the Agency's provision of public transportation service in Collier County, Florida and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Dep--p-~[mental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC TRANSP ADMIN -07/01 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any o.f the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 536,150.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 268,075.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding C) is up~t is applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs orta~ amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (~ is (~) is not applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Departm¢ The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manne prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange audits or evaluations of state financial assistance or limit the authority of any state agency General, or any other state official. E FORM 725-0;~3-06 PUBLIC TR.ANSP .,a, DMIN - 07/01 Page 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General.. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accodance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. DEC 11 001 Pg. ~ FORM 725-030-~6 PUBLIC TRANSP ADMIN - 07/01 Page 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due b any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment o~ facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.'10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office Bartow , FL, 33831-1249 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.'13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.2'1 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal the project suspends or terminates federal financial assistance to the project. In the e~ent ol ~uspensio. n.-~,q! termination of federal financial assistance, the Agency will reimburse the Department f~r all g~'a~o(~e~d ~'t~s. l FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with an_[.third prtya w th respect to the project without the written approval, of the. Department. Failure to obtai~~,, . ~'[l'"~-'s sufficient cause for nonpayment by the Department as prowded m paragraph 8.23. The Departr~entt'~'~eC, irK-~a~l~~''~eseR/e unto itself the right to review the qualifications of any consultant or contractor and to approve or[disapf:?,o. Yel ' U~' L, theii ':.,¢~ftt employment of the same. ~ FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/O1 Page 7of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultan' contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national orig~ The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision, modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of '1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 'i3.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pu rs uant thereto. N. DEC FORM 725-030-06 PUBLIC TPJ~NSP ADMIN - 07/01 Page 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department; may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. BEC 7:001 FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the us6 life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contra. which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expendi!ure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. N o.__tZ¢_-~ .... FORM 725.030.06 PUBLIC TRANSP ADMIN o 07/01 Page 10of 12 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning an,/ remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the projecL Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District One Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this proiect to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: FORM 725-030-06 PUBLIC TR.a~ISP ADMIN - 07/0! Page 11 of 12 21.'10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 2'!.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods ~ services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) '% person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consulta~ under a contract with any public entity, and may not transact business with any public entity.i"---~'.~:;,)'F'2.M DEC II FORM 725-030-06 PUBLIC TRANSP ADMJN - 07/O1 Page 12of 12 Financial Project No. Contract No. Agreement Date 40713018401 IN WITNESS VVHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Collier County Board of County Commissioners NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATURE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION TITLE DEPARTMENT OF TRANSPORTATION App?o~ as ' ~ss~sta~t Count~ Attorne.~ TITLE RECYCLED PAPER FINANCIAL PROJECT NO. 40713018401 CONTRACT NO. EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 E. Tamiami Trail, Building F, Naples, FL 34112, dated PROJECT LOCATION: Collier County PROJECT DESCRIPTION: Management, operating and administrative expenses associated with the Agency's provision of public transportation services in Collier County beginning upon execution of this Agreement and expiring on June 30, 2003. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the agreement. As a rule, it will be limited to operational items not having an impact to the scope or budget of the agreement. If applicable, the eligible project period identified in the Project Description shown above, may be extended by letter from the Department upon a written request from the Agency. March 16, 2001 FINANCIAL PROJECT NO. 40713018401 CONTRACT NO. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 E. Tamiami Trail, Building F, Naples, FL 34112, dated PROJECT COST: $536,150.00 Management, operating, and administrative expenses associated with the Agency's provision of public transportation services in Collier County. TOTAL PROJECT COST: $536,150.00 II. PARTICIPATION: (*) Maximum Federal Participation FTA, FAA Agency Participation In-Kind Cash Other ( n/a %) or $ Wa ( n/a %) $ n/a ( 50 %) $ 268,075.00 ( Wa %) $ n/a Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) ( 50 Federal Reimbursable (DU)(FRA)(DFTA)( n/a Local Reimbursable (DL) ( n/a %) or $ 268,075.00 %) or $ n/a %) or $ n/a TOTAL PROJECT COST $ 536,150.00 (*) NOTE: The Department's Work Program indicates the amount of the Agency's estimated operational budget as State Funding (DS) $268,075, Local Funding (LF) $268,075, and Federal Transit Administration Funding (FTA) $836,038 for a total of $1,372,188. 1 of 2 January 25, 2000 III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 January 25. 2000 t',o.L l_kQj.,~__ i FINANCIAL PROJECT NO. 40713018401 CONTRACT NO. EXHIBIT "C" (For State Block Grant Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of Coun _ty Commissioners, 3301 E. Tamiami Trail, Building F, Naples, FL dated lIEF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the Agency for operating costs, whichever amount is less. 1 of 4 Janua~ 25, 2000 The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue...funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget together with two (2) copies of the National Transit Database (NTD) (49 USC 5335(a)) report at the same time the NTD report is submitted to the Federal Transit Administration or by March 1, whichever is earlier. Unless the adopted budget uses a format consistent with the NTD report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than September 15 each year, and published either by November 1, or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP)to the Department by July 1 each year ATDP shall comply with the following elements at a minimum. The TDP shall identify and list community goals and policies with respect to transportation and land use in general and specifically to transit service. The TDP shall identify and quantify the community's need for transit service using demographic, socioeconomic, land use, transportation, and transit date as appropriate. There shall be an opportunity for the .public to express the need for transit service improvements, such as but not limited to, Citizens Advisory Committees and workshops. o The TDP shall include an analysis of the service currently provided in the community by public and private transit service providers in terms of quality and quantity of service. The TDP shall present an analysis of any variation between the need identified and the service provided and present alternative methods of addressing any deficiencies (and the costs and benefits of each.) The process for selecting an alternative method implementation shall include an opportunity for public participation. 2 of 4 Januart 25. 2000 o o The TDP shall present a five year program for implementing the alternative selected. The five year program shall include: maps indicating areas served and the type and level of service to be provided, a monitoring program to track performance measures, a five year financial plan listing operating and capital expenses and anticipated revenues by source, and, a list of projects or services for which funding has not been identified. The last three years of the program may be presented with less detail than the first two years. The TDP shall not be in conflict with the approved local government comprehensive plan and the comprehensive (long range) transportation plan. The TDP is to be reviewed, revised as necessary, and adopted annually and submitted to the Department by July 1 of each year. The annual review and revision may be limited to refinements and extensions of the five year program. Major updates, to be completed every third year, shall include all elements of a TDP as defined herein. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. X 2. Other contracts less than $25,000 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. 3 of 4 January 25.2000 Required Submittals S UBMITTAL/CERTIFICATION Procurement Requests Safety Compliance Specifications Invoices Audit Reports RESPONSIBILITY Agency Agency Agency Agency Agency Annually During Life of Project Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said COSTS. 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. January 25, 2000 [ ~._ ~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING CARRY FORWARD FOR THE US 41 EAST PROJECT IN THE AMOUNT OF $169,918 FROM FY 01 IN THE MSTD GENERAL FUND 111. OBJECTIVE: To obtain BCC approval of a budget amendment that will allow unexpended funds in FY 01 in the US 41 East Project to be carried forward and re-appropriated in this project. CONSIDERATION: The US 41 East project was broken into two segments. The Phase "A" construction segment is along State Road 90 (US 41 East) between Davis Boulevard to CR 31 (Airport-Pulling Road). The Phase "B" construction segment is along State Road 90 (US 41 East) between CR 31 (Airport-Pulling Road) and CR 864 (Rattlesnake Hammock Road). Funds were appropriated in the FY 01 budget, however, staff was unable to encumber the funds prior to the end of the Fiscal Year. The carry-forward is required for the Irrigation Controllers on both phases (BCC approved 10/23/01 16B2), and contingency for US 41 East Phase "B". t~,FISCAL IMPACT: A budget amendment is needed to recognize the additional carry forward in the amount of $169,918 and will be appropriated in the MSTD General Fund under the US 41 East Project. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the BCC approve/authorize amendment to recognize additional carry forward in FY 02. SUBMITTED BY: REVIEWED BY: REVEIWED BY: APPROVED BY: the necessary budget ~' ~ ~~"~-""'-' Date:///- 2- p-c..>/ Bob/P~tersen, Project Manager, Landscap, e Operations P~,m~la j/l~lic~-~-AS~A, La~.~ps.'"Uanager ~ / N~rm~ ~ ~CP, T~s~Aation AdministratOr DEC 11 2001 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (1) GRADALL HYDROSCOPIC EXCAVATOR FOR THE ROAD AND BRIDGE SECTION FROM STATE CONTRACT. OBJECTIVE: To purchase equipment to improve and maintain drainage throughout the County. CONSIDERATIONS: The Road and Bridge Department is responsible for maintaining swales along County roads to facilitate drainage. The hydroscopic excavator is required to improve and maintain drainagSqCounty roads. The purchase of the hydroscopic excavator has been budgeted. The hydroscopic excavator and necessary accessories can be purchased on State contract no. 760-001-99-1, in accordance with FDOT specifications. Staff has reviewed the State contract no. 760-001-99-1 and recommends the purchase from the State contract, in lieu of the County bid process xvhich would take 90 to 120 days for completion. FISCAL IMPACT: Funds for the purchase of the hydroscopic excavator are budgeted in the Transportation ~ervices Fund / Road and Bridge, and are available in the amount of $182,899.65 GROWTH MANAGEMENT IMPACT: There is no groxvth management impact associated with this purchase. RECOMMENDATION: That the Board of County Commissioners award the purchase of one (1) hydroscopic excavator to The Gradall Company from State contract. - v ~ · intendent REVIEWED BY: REVIEW~Y: REVIEXVED BY: Stephen Y. Carnell, Purchasing D~e-ct'or Edd,~~Ka n t, ~E, iTra n~s- ~l>ffrtadS ervices Director No~/~~ Fed~er, ~~~tion Administrator / DATE: DATE: DATE: DEC 11 2001 APPROVE BID #01-3299, GROUNDS MAINTENANCE." EXECUTIVE SUMMARY "GOLDEN GATE BEAUTIFICATION MSTUIMSTD ROADWAY OBJECTIVE: To obtain Board approval for the award of Bid #01-3299 for the Golden Gate Beautification MSTU/MSTD Roadway Grounds Maintenance to Commercial Land Maintenance, Inc. CONSIDERATIONS: 1. On October 19, 2001, the Purchasing Department sent notices to 56 vendors for roadway grounds maintenance for Golden Gate Beautification MSTU/MSTD. 2. On October 31, 2001, a non-mandatory pre-bid meeting was held. 3. On November 8, 2001, two (2) bids were o,oened. Staff reviewed the unit pricing. Staff recommends award of this bid to Commercial Land Maintenance, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: The total bid amount for this project is $404,453.35. The annual contract for FY 02 will cover a 10-month period since the original contract was extended by 60 days. The total contract amount for this 10-month period is estimated to be $337,100. Funds are available in the following manner: $259,400 is budgeted in Other Contractual Services in the General MSTD Fund 111; and $77,700 is budgeted in Other Contractual Services in the Golden Gate MSTU fund 136. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #01-3299 to Commercial Land Maintenance, Inc. for the Golden Gate Beautification MSTU/MSTD Roadway Ground Maintenance, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. SUBMITTED BY: //,/'~-[~ ~ r ~ DATE: e7/"/Z-;,./'O / / Val ?igce, Project Manager,~Landscape Operations REVIEWED BY: ~, ~ ~_ ATE: /Pamel~ o. Lulic~AgLA, Landscape O~erations M~ager St~ph~o Y. Carn~[?urcb~si0~rector ' Edw~d/: Kant~an~'o~ation Operations Dire~or / ' DATE: / _ ~ . A¢~ROVED BY: ~o~ma~ ~ Fedor, tAIC~, Transpo~ation AdministratOr / DEC 11 2001 ,I DEC 1 1 2001 DEC 11 2001 DEC 11 2001 pg. Z~ AGE~I,T~M DEC I1 2001 DEC 11 2001 ~ - AGEND~ ITEM . No._ i~,~0 . I DEC 11 2001 / Pcj, "~ DEC 11 2001 pg. ' AGEb~DA~ ITEM uo.~.~ t~ I o DEC 11.2001 No.__.....L_~._~-~ I DEC 11 2001 AGEND/~ IT~M ~o.~ DEC 11 2001 M DEC 11 2001 DEC 1_1 2001 AG M DEC 11 2001 =~ -3? AGENDA ITEM No. !~t~ ~0 ~EC 11 2001 DEC 11 2001 ~AGFJ,~,D,~IT~M AGEND~ ITEM .o. DEC 11 2001 ~,~. A N DEC 11 2001 ~g. oq\ AGEND/~TEM DEC 1~ ?.001 AG DEC 11 2001 DEC 11 2001 Pg. AGEND~ ITEM ~o. ~(d5 ~ DeC 11 2001 DEC 11 2001 AGEND~ ITEI~ No. I.L~/_'~.~ ._ DEC 11 2001 AG I M ~o.~ BEC 1~ 2ool DEC, 11 2001 AGEI~D~I'I'EM DEC 11 2001 Pg. ~ _ No.A.G~.~.~p~.D~ ITEM~o DEC 11 2001 DEC 11 2001 DEC 11 2001 EXECUTIVE SUMMARY,. APPROVE A PURCHASE AGREEMENT BETWEEN THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY AND COLLIER COUNTY FOR THE ACQUISITION OF A SIX (6) ACRE PARCEL OF LAND. OBJECTIVE: To obtain Board approval for the purchase of six (6) +/- acres from the District School Board of Collier County ("School Board") for the Santa Barbara road widening project. CONSIDERATIONS: The School Board previously acquired a 39.82-acre parcel of land located just north of the intersection of Santa Barbara Boulevard and Davis Boulevard. Upon completion of a site development plan, they determined that their proposed facility would require only 26.8 +/- acres, thereby resulting in a surplus of thirteen (13) +/- acres. Earlier this year, the County purchased seven (7) acres from the School Board for various emergency service facilities. Upon notification that the residual six (6) +/- acres owned by the School Board may be available, Collier County staff acknowledged the benefits of acquiring the additional six (6) +/- acres for stormwater retention and treatment required for the Santa Barbara Boulevard road widening, Project No. 62081. (A sketch has been attached to illustrate the location of the proposed parcel.) The Emergency Services Division and the Transportation Division have agreed that, upon completion of the parcel acquisition, the Divisions will implement a plan to reconfigure the combined thirteen (13) +/- acres to maximize the site's utility in accordance with the Emergency Services' site development plan and the Transportation Division's plan for the Santa Barbara road widening project. This reconfiguration would place the future emergency service facilities in the northern sector of the combined thirteen (13) +/- acre parcel and partition future road right-of-way and drainage areas. The purchase price of the six (6) +/- acres is $477,489 ($79,608/acre), which was based on the average of two (2) independent appraisal reports and is the equivalent rate paid for the 7-acre site. FISCAL IMPACT: The purchase price of $477,489 and acquisition costs not to exceed $3,500, will come from the Transportation Gas Tax supported fund (313) and/or the Impact Fee District 2 Fund, under Project No. 62081. (Acquisition costs include title commitment and policy and recording fees.) GROWTH MANAGEMENT IMPACT: As a required element of the Santa Barbara Boulevard project, CIE No. 56, this acquisition is consistent with the County's Growth Management Plan. AGEN,.E)/~IT[M No._//:, ~ /! DEC 1 1 7.001 Pg. / - EXECUTIVE SUMMARY Purchase Agreement - 5.998-Acre Parcel Page 2 RECOMMENDATION: That the Board of County Commissioners, contingent upon approval by the District School Board of Collier County: Approve the attached Purchase Agreement for the County's acquisition of 5.998 acres (a copy is attached for reference); and o Authorize the Chairman to execute the Purchase Agreement, on behalf of the Board of County Commissioners; and Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Purchase Agreement; and 4. Accept the land conveyance established in the Purchase Agreement; and 5. Authorize staff to proceed with the related real estate closing and to record all pertinent documentation in the Public Records of Collier County, Florida. 6. Approve any necessary budget amendments that may be required. SUBMITTED By: .~'~-~--~,~' ,~.7-~ . ~ ~ DATE: ,.-' ~...J. Keith Gomez, ~ ~opedy ~q0isition Specialist ~ Real_Prop~nagement~ment ~evin~en~~eal pr~~~isor R~I' PropeAy Management De~ment REViEWEDBY: ~(',~/)/b ~ ~(,~[r~(:~_i~ DATE: C~a~les E. Oarrington, Jr.,~SR~A, Director Real Prope~y Management Depa~ment REVIEWED BY: ~~~~ Ewing McM~el, Project Manage Transpodation Engineering and Construction Management Depadment Dale A. Bathon, P.E., Principal Project Manager TranspoAation Engineering and Construction Management Depadment AGE~I~M DEC 11 2001 EXECUTIVE SUMMARY Purchase Agreement - 5.998-Acre Parcel Page 3 REVIEWED BY: REVIEWED BY: APPROVED BY: ,/~'"/~'-~ ~"~'/'~""'~ DATE: Steve Miller, P.E., Director Transportation Engineering and Construction Management Department Thomas Storrar, Administrator Emergency Services Division N6rma~ E. Fed'er, AICP, Administrator / , Tran,sportatlon Division / / DATE: No. /k ~ DEC 11 2001 SKETCH OF SUBJECT PROPERTY (NOT TO SCALE) PROPOSED PROPERTY PURCHASE (5.998acr~) EMS/EOC PROPERTY (7.0acr~) SCHOOL BOARD PROPERTY DAVIS BOULEVARD EXTENSION S .R. B4 PROJECT: Santa Barbar',t/62081 PARCEL: School Board - Pond PURCtIASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between TIlE DISTRICT SCIIOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purcl)aser"); WHEREAS, Owner is the fee simple owner of that certain property legally described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and \VtIEREAS, Purchaser wishes to acquire a fee estate in the Property; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and \VHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW TttEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of ~hich is hereby nnitually acknowledged, it is agreed by and between tile parties as follows: 1. The foregoing recitals are true and correct and incorporated herein by, this ~eference. Owner shall convey tile Property to Purchaser for the sum of $477,489.00, payable by County \Varrant at Closing (as hereinafter defined). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, ~hrubs, improvements, and fixtures located thereon, and for any damages resuhing to Or, net's remaiaing lands, and for all other damages in connection with conveyance of said Property to Purchaser. Purchaser shall obtain within ten (10) da)s after thc Effective Date as described ill Section 13 hereto, an owner's marketability title insurance commith/ent (ALTA Form B) for the Property (tile "Commitment"). Purchaser shall pay all costs associated ',;ith tile title ~earch on tile Property and the owner's title insurance premium. The Comnfim~Ent shall (i) haxe appended thereto legible true copies of any and all documents referenced as.exceptions to title in Schedule B-11 thereof ("Exception Documents"), (ii) show and evidence that title to the Propert)l' is currently itl the name of Owner, and (iii) show and evidence that title is good, marketable and insurable, subject only to the Permitted Exceptions (as hereinafter defined). The Property shall be sold, and good and marketable title shall be conveyed, subject only to the following described matters (tile "Pernfiued Exceptions"): (a) Real estate taxes and assessments for the current )'ear accruing after the date of closing and subsequent years; (b) Any title encumbrances or exceptions which are set forth in the Cotnmimlent, subject to the provisions of Section 5. If the Commitment shall reflect that Owner's title is subject to matters, which render title to the Property unmarketable or uninsurab}e, and Purchaser shall notify Owner of Purchaser's objections to the sa,ne in writing within fifteen (15) days from and after tile Effective Date (the "Title Review Period"), time being of the essence, tile same shall be treated as defect(s) in title. Unless Purchaser delivers written notice to Owner of Purchaser's objections to title within the Title Review Period, time being of the essence, it shall be conclusively deemed that Purchaser has accepted title to tile Property in its then existing condition. If Purchaser delivers written notice to Owner of any objections to title within the Title Review Period, Owner shall have thirty (30) days from the receipt of such notice to attempt to cure afiy defect(s) in Owner's title (the "Cure Period") and Owner agrees that Owner shall use due diligence in such defect(s). If the Owner does not cure the title defect(s) within the shall have the option of either: (i) closing Ihis transaction in accordat provisions hereof and accepting title in its then existing condition; c transaction vpon notice to Owner, within thirty (3(I) days after expirati~ (ii) terminatin~ this of t,DE e 10. 11. 12. 13. whereupon Owner and Purchaser shall be released from any and all further obligations and liabilities arising under or out of this Agreement. If Purchaser shall fail to terminate Ibis Agreement by giving notice of the same to Owner within thirty (30) days from and after the expiration of the Cure Period, time being of the essence, then it shall be deemed that Purchaser has accepted title in its then existing condition and Purchaser shall proceed to close this transaction in accordance with the terms and condilions hereof. This transaction shall be "closed" and title to the Property conveyed from Owner to Purchaser by delivery of the fully executed Deed and other closing documents, including, without limitation, those described below in Section 7 to Purchaser by Owner (referred to herein as the "Closing") at 10 o'clock a.m. on the Closing Date (as hereinafter defined) at the Office of the County Attorney, Harmon Turner Building, 3301 Tamiatni Trail East, Naples, Florida 34112, or at such other place which Purchaser and Owner shall ~nutually agree upon in writing. The date of Closing, as to which time shall be of the essence, shall be seventy-five (75) days after tile Effective Date (referred to herein as the "Closing Date") unless otherwise modified or extended pursuant to tile provisions of this Contract or mutually agreed upon in writing between Purchaser and Owner. At Closing, Seller shall deliver to Buyer, at Seller's expense, the follov,,ing: (a) A good and sufficient special warranty deed (the "Deed"); and (b) Ail Owner's Gap Mechanics' Lien and "Non.-Foreign Affidavit". Prior to Closing, Owner shall obtain from tile holders of any liens and/or morlgages encumbering the Property, the execution of such instruments which ,,viii remove or release such liens and/or mortgages from the Property upon their recording in the public records of Collier County, Florida. Ov,'ner shall provide such instruments, properly executed, to Purchaser on or before date of Closing. Conveyance of tile Property by Or, her is contingent upon no other provisions, conditions, or premises other than those so stated herein; and tile written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneot,s ,,trilten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that tile "offer" to purchase represented by' this Agreement is subject to acceptance and approval by the Board of County Conm'dssioners of Collier Count)', Florida. To the best of Owner's knowledge, tile Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred by Owner on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any la',vsuit, proceeding or investigation regarding the generatio~l, storage, treatment, spill or transfer of hazardous substances on the Property. This provision sha~ survive Closing and is not deemed satisfied by conveyance of title. Purchaser shall pay for all costs of recording tile Deed and tile Easement Agreement and Non- Exclusive Access Easement, described in Section 14, in the Public Records of Collier County, Florida. Owner shall pay for all recording costs for any ct, rative instrnments. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and rnarketab}e title to the Property. The cost of a title search, title commitment and owner's title insurance shall be paid by Purchaser i,~ accordance with Section 3. This Agreement and tile lerms and provisions hereof shall be effective as of tile date this Agreement is executed by both parties (the "Effective Date") and shall/ .......... be binding upon the parties hereto and their respective heirs, executors vithout the prior wr~tte~l successors, successor trustees, and/or assignees, whenever the contc provided, however, that Purchaser may not assign ti{is Agreement approval of Owner. DEC 11 2001 14. 15. 16. of Owner and Purchaser agree to execute at Closing the Easement Agreement and Non-Exclusive Access Easement in the form and substance attached hereto as Exhibit "B", which Easement Agreement and Non-Exclusive Access Easement shall be recorded in the Public Records of Collier County, Florida at Closing. This Agreement is governed and construed in accordance with the laws of the State of Florida. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute cue and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ 20 day Date Property acquisition approved by BCC: 200__. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONEP, S COLLIER COUNTY. FLOP, IDA BY: JAMES D. CARTER, Ph.D., Chairman AS TO OWNER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) DISTP, ICT SCttOOL BOAR1) OF COLLIER COUNTY, FLORIDA THE SCttOOL BOARD OF COLLIER COUNTY, FLORIDA BY: ANNE GOODNIGtlT, Madame Chair ATTEST: Superintendent of Schools and Ex-Officio Secretary (Print Name) .Approved as to form and legal sufficiency: Heidi F. Ashton, Assistant County Attorne)?k~ TRANSPORTATION ENGINEERING DliPARTIvlF. NT 3301 F. AST TAMIAMI '['RAIL NAPI.ES, FI,OItlDA 3,1112 (9,1 l) 7-/4-g ~ 92 SKETCII OF DESCRIPTION NOT A SURVEY ~0~ 4P 6o~ 21' SUII()I)I I'Al<t l[ 1! M S PAR('Iil. lEGAl. I)IiS('I(II' I'ION COMhlEi'{Cli A I I I Iii WIJSI Qtj^[I. 1 El< L'(}ItNE,{ Bi; Sl!(?l I(Jll 4, J OWHSI ill' 50 SOtJ I l I, R A II(]E 20, liAS I COil tER COLIN I Y, FI.ORll)A, IliliNCli H g9'}6'57" E ~0 ~ I-Iii: I I O I I lli I'OIN I iii: lil!(itNltlNCi, I IIENL'E CON I INtJE Il ~9'16'51' E 40 00 FEE l; 'l I IIiNCE S 00' 14'5l" Ii 120 O0 FEE I, I I IEHt'E 14 ~9~6'5]'' l! JO3 47 I:E[il'; '1111iNCE S 00'00'1 l' Ii 773 48 Fl}Iii, '111ENCli S ~9'4 )'o~" W ~O0 I1 I'Eli I, lilEH('li N 00014'51" W 195 I1 FEEl; 'l lIEN(71! S 89'40'01' W 40 OO FEEl, 'l IlI!NCE H 0°14'5l" W o91 76 Hilil lO llll: I'tJlH I OF IlliGIHIdNG CONI'^INNING $ 99~ ^CIHiS MORE OR I ESS GENERAL NOTES 1) P O C = POIN[ OF COMMENCEMENf 2) P O O : POINI' OF BEGINNING 3)SEC = SECTION 4) IWP = IOWItSIIIP 5) RGE = RAr-IGE {]) ~ = RIGIIf OF WAY 1) At k DIS] ANCES ARE IN FEEl' AND OECIMAt S ] I IEREOF §) NO]- VALID UNLESS StGNEO AND SEALED WI'[i.I ItlE EMBOSSED SEAL OF A PROFESSIOHAL LAND SURVEYOR EXHIBIT t p~;~..~_b, of f AGF_~D&ITEM No. IIr 5 il DEC 11 2001 PREPARE[ BY_ ,/7 {~ ~ORGE ~ RICIIM~NDPLS. 240~ COLt. I~ COUNTY PUBLIC ~ORI<~ 3301 E. TAMIAMI TRAIL NAPI_ES, Ft ORIDA 34112 OCTOBER 9, 2001 SBSCO SIIEET 1 OF PROJECT: Santa Barbara/62081 FOLIO: School Board- Access EASEMENT AGREEMENT AND NON-EXCI.USIVE ACCESS EASEMENT THIS EASEMENT AGREEMENT AND NON-EXCLUSIVE ACCESS EASEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between the DISTRICT SCItOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "Grantor"), whose post office address is 3710 Estey Avenue, Naples, Florida 33942, and COLI.IER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor is tile owner of that certain real property legally described on Exhibit "A" attacbed hereto and made a part hereof ("Grantor's Property"); and WHEREAS, Grantee is purchasing from Grantor that certain real prope~xy legally described on Exhibit "B" attached hereto and made a part hereof ("Grantee's Property"); and WtlEREAS, Grantee has requested that Grantor convey lo Grantee a perpetual, nou-exclusive access easement for the purpose of ingress and egress over. upon and across that portion of Gramor's Property described on Exhibit "C':to and from Grantee's Property (tile "Easement Area"); and \VItEREAS, Grantor has agreed lo convey, ut no cost to tile Grantee, a perpetual, non-exclusive access easement for the purpose of ingress and egress over, upon and across tile Easenrent Area; and WtlEREAS, the easement granted herein shall constitute easements running with tile land and shall burden tile lands described on Exhibit "C"; and WItEREAS, the land described itl Exhibit "C" is not homestead property of the Grantor; and WHEREAS, Grantee has agreed to construct an access connection on tile terms and conditions contained herein between Grantee's Property and the future access road to be constructed by Grantor in tile Easement Area; and \VIIEREAS, during Grantee's consn-uction of Ihe access connection, Grantee shall not impede Grantor's current use of tile Easement Area, us a mode of ingress and egress to Grantor's school facility; and WHEREAS, Granlee agrees tbat Grantor shall be required to approve tile location of the access connection, in conjunction with Grantee's transportation standards for access management; and WHEREAS, Grantor shall not unreasonably delay the approval of the location of tile access connection; and WHEREAS, Grantor agrees to convey, at no cost to Grantee, temporary construction easements lo Grantee in order to complete access improvements lo Grantee's Property on the terms and conditions contained herein; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00). and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Tile foregoing recitals are true and correct and incorporated herein by this reference. 2. Grantor conveys, grants, barg i,,rl,~tn__d_sells unto Grantee, a perpetual, non-exclusive easement, license, and privilege for vehicular ~ - '. ' ..... nd from Grantee's Parc el ore r a nd across t he driveway t o be con s, !~udcl~.~y't~r anl~,,~l?]~2¢n~e~t~ ,rea. DEC I1 2001 EXHIBrr 3. Grantee shall be responsible at its sole cost and expense for the construction of an access connection between Grantee's Property and the future road to be constructed by Grantor within the Easement Area (the "Access Connection"). During Grantee's construction of the Access Connection, Grantee shall not impede Grantor's current use of the Easement Area, as a mode of ingress and egress to the Grantor's school facility or impede any construction activities of Grantor within the Easement Area. 4. Grantor's construction activities shall not unreasonably impede the Grantee's construction of tile Access Connection or use of the Easement Area and Access Connection. 5. To ensure continued and unimpeded access by Grantor and motorist and pedestrian safety, Grantee agrees to submit to Grantor a design plan for the Access Connection (including any future modifications) for Grantor's review and consent, which consent shall not be unreasonably delayed or withheld. All design plans shall meet generally acceptable engineering standards and practices so as to provide for motorist and pedestrian safety. (a) The parties hereto acknowledge that time is of tile essence in obtaining Grantor's approval of access connection plan so that construction may commence and proceed according to scheduling, and Grantor agrees to use all due diligence in review and consent of the proposed plans. 6. Grantee agrees that the Access Connection and any future improvements or modifications thereto made by tile Grantee, which are implemented or constructed in accordance with tile plans to be approved no',,,' or in the future pursuant to preceding paragraph, shall be made at the sol,.: cost and expense of the Grantee. 7. Grantor agrees to convey, at no cost to tile Grantee, any necessary temporary construction easements to the Grantee iii order to complete tile Access Connection, pro',idcd, that such temporary easements are approved in accordance with Paragraph #5 above. No construction of the Access Counection shall cotnmence until such time as the plan for the Access Connectiou has been approved. Upon completion of construction, Grantee shall restore, replace and/or repair any landscaping, fencing or irrigation damaged or removed by Grantee, or it's agents or contractors, during construction. In additiou, any damage to the Grantor's property caused by the Grantee as a result of the construction of the access connection shall be repaired or corrected at tile expense of the Grautee. 8. Grantor will be solely responsible fi)r the maintenance of the Easement Area; provided, however, that the Grantee shall share ill the cost of maintenance of the paved roadway only (including but not limited to paving, striping, and sealing), which is utilized by the Grantee and is located ~ithin the Easement Area, based upon the estimated percentage of traffic attributable to each of the paities oxer aud across tile paved roadway. The Grantor shall provide reasonable notice to the Grantee as to al/) maintenance activities and the estimated cost of said maintenance activities. The parties may agree to hire an engineer or other consultant acceptable to all parties to perform a traffic study to determine the percentage of traffic attributable to each of tile parties for purposes of this paragraph. 9. To the extent permitted by law, Grantee shall indenmify, defeud, save aud hold harnfless the Grantor, the Grantor's officers, agents and/or employees from and against any suits, demauds, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (includiug attorneys' fees and all costs of litigation) for property damage, liability, or death which may result from any willful misconduct or negligent act, error, or omission of the Grantee which occurred or is alleged to have occurred concerning tile use by Grantee of the Easement Area. This indemnification provision shall not be construed as a waiver of any limitation of liabilily to which the Grantee may be entitled under Section 768.28, Florida Statutes. 10, In the event that Grantee's Parcel shall ever cease to be owned or used exclusively by Grantee or any governmental entity, this Agreement shall automatically terminate and the easement contained herein shall be of no further force or effect. 11. This Agreement and tile terms and provisions hereof shall be effective as of the date Ibis Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever tile context so requires or adnfits. 12. Conveyance of the Easement Area by Grantor is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the )arties, and there are no other prior or contemporaneous written 1' ~,,t ._~ .......... '% ~__':.:.'.,Lq,., promises, warranties, or covenants nO comuined herein. AGEI~D~T~ No._ IW)!I - DEC 11 2001 I0 EXHIBn' ~ 'z~_7 _ 13. Grantor may impose reasonable restrictions and/or requirements in connectiou with the use of the Easement during periods of the construction of the access connection, including limiting the time for delivery of materials, fencing or other requirements as may be deemed necessary by Grantor in order to facilitate the operations of Grantor's school facility or the safety of its students. 14. This Agreement is governed and construed in accordance with the laws of tile State of Florida. 15. This Agreement shall be recorded in tile Public Records of Collier County, Florida. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be execmcd this __ day of ,20__. DATE ACQUISITION APPROVED BY BCC: AS TO GRANTEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk JAMES D. CARTER, P11.D., Chairman AGENDA, ITEM DEC 11 2001 AS TO GRANTOR: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA BY: ANNE GOODNIGllT, Madame Chair STATE OF FLORIDA ) )SS. COUNTY OF COLLIER ) The foregoing instrument was acknm~ledgcd before mc this day by ANNE GOODNIGIIT. Chair, District School Board of Collier Couuty, Florida, Thc School Collier Count),', Florida, who ( ) is personally known to mc or ( ) has produced as identification. (SEA[.) NOTARY PUBLIC Ndllle: My Commission Expires: ATTEST: Superintendent of Schools and Ex-Officio Secretary (Print Name) Approved as to form and legal sufficiency: tteidi F. Ashton Assistant County Attorney 360792_5 BEC 11 2001 LEGAL DESCRIPTION All that part of Section 4, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The Northwest one-quarter (1/4) of the Southwest one-quaffer (1/4) of said Section 4 less and except the following: The Westerly 60 feet of the Northwest one-quarter (1/4) of the Southwest one- quarter (1/4) of said Section, and The East 40 feet of the West 100 feet of the North 300 feet of the South one-half (1/2) of the Northwest one-quaffer (1/4) of the Southwest one-quaffer (1/4) of said Section, and The South 30 feet of the Southwest one-quaffer (I/4) of the Norlhwest one-qoarter (1/4) of the Southwest one-quarter (1/4) of said Section 4 less the Westerly 100 feet. COMMENCING AT ~ SoLrrtlWEST CORNER OF SECTION 4, TOWNStlIP 50 SOLrlll, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; 'ItIENCB NORTtt 0 DEGREES 14 Iv~NUTES 52 SECONBS WEST ALONG THE WEST LIN'E OF SAID SECTION 4, A DIETANCB OF !395.42 FEET; qI'tBNCB NORTH 89 DEGREES 43 hLLNI-F~S 0~ SBCOlqDS EAST, A D1STANCB OF 60.00 PEET TO Ttrlt POINT O1~ BEGINNING; TILENCE NORT}~ 0 DEGREES 14 MllqUTES 52 SECONDS Wlt.qT, A DISTANCE OF 39').76 FEET; THENCE NORTH 89 DE~REE$ 40 MiNLr'FFlS 03 SECONDS EAST, A DIS'rANCI~ OP 40.00 FBETi TH.I~qCB NORTH 0 DEGREES 14 MINUTES .52 SECONDS WEST, A DI~TANCIt OF 1114.117 PEET; THENCE NORTH 89 DEGREES 43 MINUTES 08 SECONI~S EAST, A D1STANCE OF 608.21 FEET; THENCE 8OI.JTH 0 DEGREES 14 MINLrrEs 52 SECONDS BAffr, A DISTANCIt OF 502.67 PERT; TI~LrNCE FlOIJTH 119 DEGREES 43 M[N[YTE~ 08 .qECOND$ WEST, A D1STANCB OF 50.95 FEET; THENCE, NORllt 0 DEOKEES 11 MINUTES 08 SECONDS WEST, A DISTANCE OF 30.00 PEET; TttENC-~ SOUTIt 119 DBOKBES 43 ldlNlYrES 08 SECONDS WEST, A DISTANCE OF 557.~-9 PERT; TtIENCR SOUTH 0 DEGREES 14 MI2qUTES 52 SECONDS EAST, A DISTAN'CB OF 30.00 FEB'F; THENCll SOUTH 89 DEOIII:tKq 43 MINLrI'ES 08 SECONDS WEST, A DISTANCE OF 40.00 PEET TO THB POINT OF BIll, INNING; SAID'DESCRIBED TRACq' CONTAINING 7.000 ACRES ('I04,~20 SQUARE FEET), MORE OR LESS. Commenco at the West Qutuler Comer of Seclion 4, Townsh/p 50 South., Range 26 East, Collier County, Florida, thence N 89°36'57' E 60.00 l~et to the I>OINT OF BEGI2qNING; thence continne N 89' 36'57" E 40.00 feet; thence S 00° 14'52" E 120.00 feet; thence N 89°36'57" E 303.47 feet; thence 00°00'12" E 773.48 feet; thence S 89'43'08" W 300.17 feet; thence N 00° 14' 52" W 195.13 feet; thence S 89° 40'03" W 40.00 feet; thence N 0° 14'52" W 697.76 feet to the ?Ol/qT OF . BEGINNING. ' ' EXHIB~T'_i Pa, g~. ~ _of ..... DEC1 1 2001 EXHIBIT TI/ANSPORTATION I}NGINEERING I)I~.I'AICI'IvIF. NT 3301 HAST TAIvlIAMI TRAII~ NAPI.ES, FI.OI~IDA 3,1112 (9,11) 77,t-8192 -i' ' SKETCII Ol? DL'SCI~,IPTION NOT A SURVEY 5 998 A(?II. IES S{]l{)/}l. I'AH( Il flU8 2 I' I! hi S I'^lll'hl I.I!{iAI. DES{ RIPll()I~] ( {}MMIilICE ^ I I liE WkSl (,II JAil I lin C(}IIIIIHI OI; SliCI I(}11 4, I (}WlISlIll' 50 SOIl lll. RAItGI! ~, liASI COl I IEll C(}IIIt I Y, FI.OIIII}A. I IIEH{?Ii II ~'1~'51" E 60 ~ I lie I 'l O I I iii POll{ I' DF IIE(iIIIIdHG, I IlliNUl! (7()H I IIIUIi N i9'16'11" E ,10 00 FEE I; 'l I Ilil4Ch S 00' I 4'~ 1' Ii I ]0 00 FEIi I. I I IENCE Ii 89'16'51" I! 101 41 FEIi[,1 IliON{ E S 00'0fl'Il' Ii lIl 4] FI!Iii ;'IIll!NCE S i9'41'08" W 100 II Fl{Iii, I Ill!H('[i [I 00'14'52" W 195 I1 I:l!lil; IIIIiNCli S 89'40'01' W 4000 Fl]ill I llElt('[i Il 0'Ii'l]~ W flOl ~6 I:Elil ID lille I'(}INI OF Ili!ti,nmiq GENERAL NOTES I) P 0 C = POIH I- OF COMMEItCEMEH 1 2) P {1 Il = P{}INf OF BEGINNING 3) SEC : SEgllorl · I) ]WP = IOWh!SIIIP 5) tlGE : RANGE §) I~/: RIGllr OF WAY 1] Al L DIS! ANCES A~E Ihl FEET AND DECIMALS TI IEREOF §) HOI VAt Il) UHI ESS SIGNED All{} SEALED Wllll TIlE EMBOSSED SEAL OF A P[IOFESSIONAL LAHD SURVEYOR EXHIBIT_ p~e..J,~of I AG E N?r%Tgk~ No._ lq:- /t NOT TO SCALE DEC 11 2001 R. RICHMOND P L S. 2406 COLLIER COUNTY PUI3LIC WO. iP~l.ll,',',',',',',',',~ 3301 E TAMIAMI IRAII ~::~H~][~I~I~ OCTOBER 9. 2001 SBSCO SHEET 1 OF 1 TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAM[ TRAIL NAPLES, FLORIDA 34112 (94 I) 774-8192 SKETCIt OF DESCRIPTION NOT A SURVEY i'4 89°36'57"E · I'OC / W 1/4 CDR x SE(' 4. IWP 50 S RGF. 26 F- © I' O B 303 98' ~ ~ ACCESSEASEMENI'~t ~ 89°3UST'W 30] 47' 5 998 AL'IrES S( Ill)Gl. PARClil. 6(}8 2 I' EM S PAItCEL lA!GAl I}I!SCP, IP I'ION UOMMliN{;E Al IIW. WES I QIIAI{.I Ell C{}ItNtiR OF SI!CI ION 4, I{)WNSIIIP 50 SOUIII, RANGE 26; EASr COl IIER COUN I Y, FI ORII)A. IIIENCE N 89'36'57'' E 100 00 IEEE 10 ] lIE P()IN] OF III!GINNING. M IENCE ('ON'I INUE N 89036'57. E 301 98 FEE I; '1 II ENCE S 00°O00'l 2" E 120 00 FEET; [I IE~? S 89°36'57" ky }0~4J ~ . FEEl'; '111ENCE N 00014'52' W 120 OD FEEl; [O ] lIE POINI OF BEGINNING CONFAINNING 0 8~7 ACRES MORI~ OR I.ESS GENERAL NOTES 1} PO C. = POINT OF COMMENCEMENT 2) P.OB : POINT OF BEGINNING p~_ I 3) SEC = SECTION 4) IWP = IDWNSIIIP 5) RGE = RANGE 6) PJW = RIGllT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS TI IEREOF 8) HOT VALID UNLESS SIGNED AND SEALED Wlfll file EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWtIB¥ ]cmcKeo ay U¢*~OT TO SCALE AGE~p4,91T~¢¢I No._ DEC 11 2001 ~ -~'/~ PREPARED BY: ....................................... ( .... £./._0._/.._ ~..I~EORGE R RICHMOND P L.S. 2406 /.L-/ COLLIER COUNI-Y PUBLIC WORKS NAPLES FLOR DA 341 NOVEMBER 26. 2001 SBAE SHEET 1 OF 1 RFP 02-3317 "Consultant Services for Impact Fee Update Studies COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION 3301 TAMIAMI TRAIL EAST Purchasing Department Building G NAPLES, FL 34112 (941~77,g-~407 w~wv.colliergov, net DATE: October 31, 2001 TO: FROM: Prospective Proposers Kelsey Ward, Senior Purchasing and Contracts Agent RE: RFP #02-3317 "Consultant Services for Impact Fee Update Studies" Dear Prospective Proposer: Collier County is seeking proposals from qualified firms capable of providing consulting services for a total of five (5) impact fee studies. First, the County desires to identify and select one or more consultants to conduct up to three (3) separate impact fee update studies as follows:, Study 1 - Community and Regional Parks, Study 2 - Fire Protection and Study 3 - Educational Facilities. Second, the County is seeking proposals for consulting services for a Correctional Facilities impact fee update study and the development of a NEW Law Enforcement Impact Fee. Because of the technical similarities and common data characteristics, one (1) consulting firm will be selected to conduct both the Correctional Facilities and Law Enforcement studies. A proposer may submit a proposal for as few as one (1) and as many as five (5) of the above studies, however, to be considered for the Correctional Facilities and Law Enforcement Impact Studies, the proposer must submit proposals for both. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. All Proposals must be forwarded to the County Purchasing Director's Office, Purchasing Building G, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida 34112. The services shall include, but not be limited to the "Scope of Services" as described in the attachment. If you have any immediate questions regarding the intended Scope of Services, you may contact Mr. Phil Tindall, Impact Fee Coordinator, Community Development and Environmental Services Division at 941/403-2369 or email: PhillTindall@colliergov.net. Procedural queries may be directed to me at 774-8407 or you KelseyWard@colliergov.net. We look forward to your participation in this process. Mike Smykowski, Budget Director Phil Tindall, Impact Fee Coordinator may email me at: , AGENDA iTeL,',1 DEC I1 2001 p~. 1 RFP 02-3317 ~Consultant Services for Impact Fee Update Studies LEGAL NOTICE Pursuant to approval by the County Manager, Sealed Proposals to provide professional consulting services will be received until 3:00 p.m. on November 21, 2001 at the Purchasing Department, Purchasing Building G, Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. RFP #02-3317 "Consultant Services for Impact Fee Update Studies" All statements shall be made upon the official proposal form which may be picked up at the office of the Purchasing Director, and which may be had by qualified consultants. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Steve Carnell Purchasing Director This Public Notice was posted in the Lobby of Building "G", Collier County Government Center on October 31, 2001. ~, GE~4 L;A No._F,,,! ~-11: , I 2001 2 RFP 02-3317 "Consultant Services for Impact Fee Update Studies SCOPE OF SERVICES Collier County is seeking proposals from qualified firms interested in providing professional consulting services for four (4) separate impact Fee Update studies as well as the deveiopment of a new Law Enforcement impact Fee. The Collier County Impact Fees to be updated are {1) Community and Regional Parks, (2) Correctional Facilities, (3) Fire, and (4) Educational Facilities. The County reserves the right to award this contract through an approach which best serves the interests of the County. i.e.: to a single vendor or to multiple vendors. Each impact fee update study shall consist of four (4) tasks, identified as follows: Task A: Review of Current Ordinances, Fee Schedules, Plans, and Other Related Documentation Task B: Data Compilation and Analysis Task C: Legal Review and Development of Recommended Fee Schedules Task D: Meetings and Public Hearings Development of the new Law Enforcement Impact Fee shall consist of four (4) tasks, identified as follows: Task A: Review of Previous Law Enforcement Impact Fee studies and Other Relevant Documentation Task B: Data Compilation and Analysis, Including, But Not Limited to, Updating of Data From Previous Studies (Costs and Revenues, incident Data, Law Enforcement Manpower Analyses, and Level of Service Standards) Task C: Legal Review and Development of Recommended Fee Schedules Task D: Meetings and Public Hearings Firms are required to provide an estimate of the required man hours for each task as part of their proposal package. Please see attached Exhibit "A" for a detailed description of the required se~ices for each study. The estimated County budget for each study is not to exceed $25,000, EVALUATION AND SELECTION PROCEDURE Collier County will evaluate and select Engineering Services in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Collier County procedure for selection is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. Request for Proposals and Project Proposal Letter/Receilt oi[?.' ¢~}'.e'¢t~"d(b,' P'o sals. '~.~ O-~-~4- - BEC ReP 02-3317 "Consultant Services for Impact Fee Update Studies Subsequent to the closing of proposals, the Purchasing Agent and project manager shall review the proposals received and vedfy whether each proposal appears to be minimally responsive to the requirem6'nts of the published RFP. Should both the purchasing agent and project manager be appointed to the committee as voting members, such meetings shall be open to the public and the purchasing agent shall publicly post prior notice of each such meeting in the lobby of the General Services Building at least one (1) day in advance of all such meetings. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. Prior to the first meeting of the selection committee, the purchasing agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the General Services Building not less than three (3) working days prior to the meeting. The purchasing agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. The committee will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firms. The final recommendation will be deci" ~ based on review of scores and consensus of committee. A recommendation shall be forwarded to the Board of County Commissioners for approval. Subsequent to award, a contract'shall be negotiated with one or more of the top-ranked firms. Should the County be unable to negotiate a satisfactory contract with any of the selected firms, the County shall select additional firms in the order of their competence and qualifications, and continue negotiations in accordance with F.S. 287.055. Evaluation Criteria All proposals will.be evaluated and scored on the following cdteda: EVALUATION OF PROPOSALS Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. Project Approach and Understanding (Maximum 25 Points) - Rating will be based on an assessment of the proposer's knowledge and understanding of the nature of the work as necessary to achieve a successful project. Information presented under the section titled "Approach" will be evaluated as the basis of this rating. The typical rating for this item is 15 points. Additional points will be given up to the maximum allotted for this item for a supedor understanding of the overall purpose of, and the local need for, the proposed project; a superior approach to issues and concerns; a concise and 4 RFP 02-3317 "Consultant Services for Impact Fee Update Studies well-conceived scope of work; and a schedule which is carefully coordinated with the scope of we rk .... 2. Expertise of Designated Staff (Maximum 25 Points) - Rating will be based on the ability of individuals on the proposed project team to perform the project. Resumes of key personnel who will be assigned to the County project(s) must be provided. Any other documents and information presented in the section titled "Project Management Plan" will be evaluated for ranking the proposer under this item. The typical rating for a proposer with personnel dedicated to the specific type of project work proposed will receive a rating of '15 points. Additional points will be given up to the maximum allotted for this item for previous work on projects cennectin§ to, or directly related to, the proposed project; unparalleled experience and expertise of key personnel who are on the proposed project team; and demonstrated working relationships among key personnel on the proposed project team (i.e., having previously worked together on similar projects). 3. Previous Performance on Similar ,Jobs (Maximum 20 Points) - Ratings will be based on the firm's experience and performance on similar projects, based on information as provided by the proposer, and reference checks. The typical rating for a firm with significant experience and satisfactory performance on related projects is 10 points. Additional points will be given up to the maximum allotted for this item for substantial experience on the same type of projects and outstanding performance on previous projects. Little or no experience on the type of project will receive fewer points. 4. Office Location and Responsiveness (Maximum 10 Points) - Rating will be based on ease of contract administration and responsiveness both during the project and after the project is completed. Note: If firm is a corporation, please identify incorporation state. The proposer with all key personnel located in Southwest Florida will receive 10 points. Proposer's principal offices and/or key personnel in other areas will receive fewer points. 5. Ability to Complete on Time (Maximum 20 Points) - Rating will be based on the proposer's approach to schedule control, the reasonableness of the proposed schedule, consistency with County project time frames and proposer's current and projected workload, and available labor resources. The typical rating for this item is '10 points. Additional points will be given up to the maximum allotted for this item for propose6s extraordinary ability to allocate necessary resources, the priority the this project work will receive, and a superior approach to schedule. Reference checks on previous projects may be reviewed, with points added for completing work on time, and points deleted for failure to complete work on time. Schedules, which have unrealistically short or excessively long durations, will receive fewer points. DEC 11 TOTAL MAXIMUM AVAILABLE POINTS 100 F'~. ~0 RFP 02-3317 "Consultant Services for Impact Fee Update Studies REQUIRED PROPOSAL SUBMITTALS The proposer shall submit the original properly sign'ed in blue ink and clearly marked "Original", and twelve (12) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be shown the proposal due date, and the name of the proposal, and number assigned to the proposal. PROPOSER'S QUALIFICATIONS All proposers must be primarily engaged in providing the services as outlined in the Scope of Services. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. The County reserves the right to received in evaluating the proposals. check all references furnished and consider the responses The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performa' of the contract. PROPOSAL QUESTIONNAIRE Qualified firms interested in providing the services described are invited to submit a complete Proposal for consideration. The Proposal shall address the items listed below. Failure to provide all requested items may be sufficient cause for non-acceptance of the Proposal. The proposer may provide information in addition to the information requested; however, the additional information shall be placed at the end of the proposer's submittal in a section separated from the remainder of the proposal. PROJECT APPROACH AND UNDERSTANDING 1. Project Understanding - Provide a narrative of the proposer's understanding of the overall intent of the project. Identify any issues or concerns of significance that may be appropriate. Technical Approach - Approach - Provide a narrative describing the proposer's approach to achieve the intent of the project and to address various issues and concerns. Scope of Work Provide a narrative identifying the vadous tasks to Ce performed. Tasks shall be described and presente F~R'tf-ii~?.~e-Cldence"-for which they will be performed, r4o.~./~ 1 DEC 11 2001 6[ ~ ? -Consultant Services for Impact Fee Update Studies ~FP 02-~1 C. Schedule - Provide a Gantt chart identifying major activities proposed as part of the scope of work. The duration of tasks shall reflect the proposer's reasonable estimate to complete each activity'given the proposer's current and anticipated workload and staff availability. Allow three (3) weeks turnaround time for receiving review comments from the County staff. II. PROJECT MANAGEMENT PLAN 1. Provide a narrative describing the role of and introducing each key individual to be assigned to the project. Provide an organization chart showing functional relationships between the proposer, subconsultants and the County. Show the lines of communication, authority and assigned responsibility. Should subconsultant(s) be listed as a part of the project team, the proposer shall provide a letter from each subconsultant that indicates the subconsultant's intent to be a part of the project team. Proposals submitted without the referenced letter(s) will result in the subconsultant qualifications being eliminated from the review process. Indicate the expected participation of top management. For each key individual shown on the organization chart, identify their company affiliation and office location, and provide a resume. Identify the proposed project manager. Identify any working relationships that may exist between the proposed project manager and other key personnel, including subconsultants. Cite previous projects on which the proposed project team members have worked together and their respective project roles. 2. Indicate how your project organization will be integrated with the County to achieve a "Team" approach. Describe how the firm will solicit, receive and incorporate review comments from County personnel. 3. Provide a narrative describing the level of effort, which each key individual will commit to the proposed project. Provide a table indicating the percentage_of each key individual's time, which will be allocated to the project (based on a 40-hour work week). For projects with distinct phases on tasks over relatively long durations for which the level of participation by each individual will vary (i.e., review, study, draft, etc.), provide the percentage of time commitment for each major component of the work. Suggested tabular formats titled, "Commitment of Key p(,rsonoel to Project¢'- are as follows: Commitment of Key Personnel to Project Name of Key Personne____~l Percentage of ~ndividual' ' .... Proiect Task Task Task Task Task As~ 1 2 3 ... n_A_____ RFP 02-3317 "Consultant Services for Impact Fee Update Studies III. IV. Describe the firm's approach to ensuring that the project is completed on time and within the contract amount. Provide a statement as to what effect your current and anticipated workloads will have on your ability to perform this work. Provide a table or graph showing current and anticipated labor-hour commitments compared to available labor resources by month over the duration of the project. Firms are required to provide an estimate of the required man hours for each task as part of their proposal package. A suggested tabular format showing the proposer's workload projections compared to the proposer's available resources is as follows: Current and Anticipated Workload Projections Name of Firm or iSubconsultant Labor Hours of Available Resources Projected Labor Hours by Month 1 I 2 I 3 I ... 112 For proposers with multiple office locations, provide a workload projection for the off,_ where the majority of the work will be performed. QUALIFICATIONS AND EXPERIENCE Provide all information requested under this section titled "Qualifications and Experience". Provide resumes for all key subconsultants. For proposers with multiple office locations, provide information for the office where the majority of the work will be performed. If joint-venture, list the participating firms and describe specific areas of responsibility (including administrative, technical, and financial) for each firm. Provide at least two (2) references (name, address, telephone number and email address) on comparable projects for each of the following: The firm's office where the work will be performed. The proposed project manager. C. The proposed subconsultant(s). SUPPLEMENTAL INFORMATION Statement of litigation that firm or staff of firm is currently involved in, or has b~ involved in over the past five (5) years, stating points of contention and results available. RFP 02-3317 "Consultant Services for Impact Fee Update Studies 2. Total fees for work done on all Collier County Government projects in the past five (5) years. Proposer Qualification Form. Insurance Requirements Certification. Proposer's Checklist. Proposer Declaration Statement. V. _CONTRACTUAL CONDITIONS Collier County has developed a standard Professional Services Agreement (PSA), approved by the Board of County Commissioners (BCC) for all consultants. All respondents to this RFP will be required, if selected to perform the work, to execute the standard PSA within twenty one (21) days of Notice of Selection for Award. This document is available for inspection in the Purchasing Department. PROPOSERS QUALIFICATION FORM FIRM NAME: Address: City: State Telephone: (~.) FAX: (.~ ZIP Email Address: TYPE OF FIRM: (please check one) Corporation under the laws of the State of: Years in Business: Partnership/Years in Business: Sole Proprietorship/Years in Business: Licensed to do business in the State of Florida? Yes ~ No P~P 02-3317 "Consultant Services for Impact Fee Update Studies LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Project Contract Amount LIST CURRENT PROJECTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? L_] Yes [_] No STATEMENT OF LITIGATION Are there any judgments, claims or suits pending or outstanding _by or against you? [_] Yes [] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: RFP 02-3317 ~Consultant Services for Impact Fee Update Studies CONFLICT OF INTEREST STATEMENT as follows: -' Proposer shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Firms must also provide full disclosure of information on any work performed for private interests within the past (2) years, especially work that is not yet completed. 2. Declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. By signing below in the space provided, a principal of the firm certifies that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date REFERENCES: Bank(S) Maintaining Account(s): Surety/UndenNriter: (if required) Other References: RFP 02-33],7 -Consultant Services for Impact Fee Update Studies Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We wiil accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: GENERAL CONDITIONS AND INSTRUCTIONS TO pROPOSER. S SION' The proposal shall be deemed an offer to provide consulting services. pROPOSAL SUBMIS .~ eclares that he understands and agrees to abide by ail rr~,-,~,.,.,2..-7.- -_-_ ..... ol t oser d In submitting a proposal, thc prop specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County and the Airport Authority. The proposer agrees that if the contract is awarded, the work shall be performed in accordance with the provisions, terms and conditions of the contract. The proposer shall submit the original properly signed in blue ink and clearly marked "Original", and twelve (12) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be shown the proposal due date, and the name of the proposal, and number assigned to the proposal. By submitting a proposal, the proposer declares that he understands and agrees that this proposal, specifications, provisions, terms and conditions of same, shall become a valid contract between the County and the undersigned upon notice of award of contract in writing and/or issuance of a purchase order by Collier County. received after the published deadline shall not be accepted and will be returned Proposals However, the Purchasing/General Services Director (or his designee) shall reserve the unopened. right to accept proposals received after the posted deadline under the following conditions: a) The tardy submission of the proposal appears inadvertent and; ad g~ :,,~,:::~. i ~-_-,.3. . b) The acceptance of said proposals does not afford any competing firm an unfair vanta e-in the selection p, rocess ..... · .. i DEC il2001 12 RFP 02-3317 "Consultant Services for Impact Fee Update Studies PRINCIPALS~COLLUSION: By submission of this Proposal, the undersigned, as proposer, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than thereiri' mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any other person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. PROPOSAL WITHDRAWAL: No Proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Purchasing Director or his designee prior to the time set for the closing of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. PROPOSER'S CERTIFICATION: Submission of a signed Proposal is proposer's certification that the proposer will accept any awards made to him as a result of said submission of the terms contained therein. EXCEPTIONS TO INSTRUCTIONS OR CONDITIONS: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted, as the proposer's intent to fully comply with the specifications as written. Exceptions taken by proposers may result in evaluation point deductions and/or exclusion of proposal for Selection Committee consideration, depending on extent of exception. Such determination shall be at the sole discretion of the Selection Committee. LAWS AND REGULATIONS: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. INSURANCE COSTS: Since these conditions include Insurance Requirements, it should be noted by the proposer that, in order to meet the County's requirements, there may be additional insurance costs to the proposeds firm. It is, therefore, imperative that the proposer discusses these requirements with the proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the proposer. All costs accruing from a Proposal or an award challenged as to quality, etc. (test, etc.) shall be assumed by the Challenger, TAXES: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 21-07-019995-53C. RELATION OF COUNTY: It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County and the Airport Authority, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. DEFAULT: Failure or refusal of a proposer to execute a contract upon! aw,,a~d? ~r~.~_~t~d~~-('v-al of a Proposal before such award is made, shall be grounds for removal or, the fir.m, s/fi~-'from, the County's vendor file-, j BFL; I 1 200~ I / RFP 02-3317 "Consultant Services for Impact Fee Upcl~te Studies LIABILITY: Successful proposer will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of Nature and similar occurrences making performance impossible or illegal. ASSIGNMENT: The sUccessful proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. LOBBYING: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied...either individually or collectively...about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the Board for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal publication to final Board approval, no firm or their agent shall contact any employee of the County or the Authority in reference to this Proposal, with the exception of the Project Manager or their designee or the Purchasing Agent or their designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. PROPOSAL FORM: Each proposer must submit the Proposal Form included in this Request for Proposal. SINGLE PROPOSAL: Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. SIGNATURE OF PROPOSER: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the contract, the County reserves the dght to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. PROTECTION OF RIGHTS OF COUNTY: The County reserves the right to include. Jo .any co!3traqt_ document such terms and conditions as it deems necessary for the proper protectionr,O..f, the'd-gh .of Collier County. · i ;i~,,'~ ,-t'/,~, ,- PROTEST PROCEDURES: Any actual or prospective respondent to an I nvitatior~to ~.id or..,F~,.quest ~ ~ ~ g a-~-~eved with respect to the former, shall file a writterLp~.dte~=tbe: t4 RFP 02-3317 "Consultant Services for Impact Fee Update Studies Purchasing Director pdor to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bi(:] or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the County's Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. ADDITIONAL INFORMATION: Other than minor procedural matters, questions regarding this proposal must be in writing and submitted to: Mr. Phil Tindall Impact Fee Coordinator Development Services 2800 North Horseshoe Drive Naples, FL 34112 Tel: 941-403-2369 Questions must be received no later than seven (7) work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTIGATION OF PROJECT: Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. ! ~:~.LL '--~:, ."~'. ! :'~ .? · o ~ · r,~r Neither the County Manager nor his staff shall be responsible for oral ~nterpretabonlg~verr-~ · ~' either by himself or members of his staff· The issuance of a wdtten addendum shall~ be L"~ I 1 2.~1 the only official method whereby such interpretation will be given. ! I Pg- 15 RFP 02-3317 "Consultant Services for Impact Fee Update Studies Insurance Requirements NSURANCE TYPE X 1. Worker's Compensation REQUIRED LIMITS Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. ~OLICY MUST INCLUDE EMPLOYERS LIABILITY WITH A LIMIT OF $>, EACH ACCIDENT X 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O form with no limiting endorsements. o Bodily Injury & Property Damage $1,000,000. Single Limit Per Occurrence Consultant, in consideration of One Hundred Dollars INDEMNIFICATION: The ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments adsing out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by any of them. This section does not pertain to any incident arising from the sole negligence of Collier County. X 4. Automobile Liability $ 500,000 Each Occurrence Owned/Non-owned/Hired Automobile Included X o Other Insurance as indicated below: a) Professional Liability $1,000,000 The Proposer shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall indemnify and hold the County harmless against all claims arising from the negligent acts, errors or omissions of consultant by third parties. The Proposer shall carry a professional liability insurance in an amount not less than $1,000,000.00. ~ *.FP 02-3317 "Consultant Services for Impact Fee Update Studies COLLIER cOUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) X__6. X~_7. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. N__9_o othe_____[ forma_gt wil__J b_ce a__cceotable. Thirty (30) Days Cancellation Notice required. The Certificate must state the Bid Number and Title. We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. Insurance Agency Bidder Signature of Bidder Signature of Bidder's Agent RFP 02-3317 -Consultant Services for Impact Fee Update Studies T,HIS SHEET MUST BE SIGNED BOARD OF COUNTY C-OMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The Proposal has been signed. 2. All information as requested in the Proposal Questionnaire is included. 1. All required submittal items have been included. 4. Any addenda have been signed and included. 5. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Purchasing Building, Bldg "G" 3301 Tamiami Trail, East Naples, Florida 34112 6. The mailing envelope mus_____[t be sealed and marked with Proposal Number, Proposal Title and Due Date. 7. The Proposal will be mailed or delivered in time to be received no later th{an the specified due date and time. (Otherwise Proposal cannot be considered.) ALL cOURIER-DELIVERED pROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name_ Signature and Title_ Date 18 FP 02-3317 -Consultant Services for Impact Fee Update Studies pROJECT pROPOSAL- DECLARATION STATEMENT :3ARD OF cOUNTY COMMISSIONERS oilier County Government Complex aples, Florida 34112 E: RFP NO. 02-3317 -- "Consultant Services for Impact Fee Update Studies" ear Commissioners: he undersigned, as bidder/proposer (herein used in the masculine, singular, irrespective of actual gender and umber) declares that he is the only person interested in this proposal or in the contract to which this proposal ertains, and that this proposal is made without connection or arrangement with any other person and this roposal is in every respect fair and made in good faith, without collusion or fraud. 'he proposer further declares that he has complied in every respect with all the Instructions to Proposers issued ,rior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with espect to the general condition of the contract to which the proposal pertains. Fhe proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County Jocument for the purpose of establishing a formal contractual relationship between him, and Collier County, for .he=erformance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the proposal documents listed by RFP #02-3317. iN WITNESS WHEREOF, WE have hereunto subscribed our names on this__ day of ,2001 in the County of _, in the state of Proposer's Firm or Trade Name Corporation, Sole Proprietorship, Partnership (Circle One) Phone No. Address City and State Zip BY: Typed and Written Signature Title RFP 02-3317 "Consultant Services for Impact Fee Update Studies NON-PROPOSER'S RESPONSE For purposes of facilitating your firm's response to ou'r invitation for the RFP, we are interested in ascertaining reasons for prospective proposer's failure to respond to this invitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form to Collier County Purchasing Department, County Government Center, Purchasing Building, Naples, Florida 34112. We are not responding to this RFP for the following reason(s): Services requested not available through our company. Our firm could not meet specifications. Specifications not clearly understood or applicable (too vague, rigid, etc.) Project too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s):_ Name of Firm Mailing Address City, State, Zip:. By: Signature of Representative 20 FP 02-3317 "Consultant Services for Impact Fee Update Studies Exhibit "A" SCOPE OF SERVICES FOR Part One - Miscellaneous Impact Fee Update Studies: ,,Preparation of updates to (1) Community and Regional Parks, (2) Fire, and (3) Educational Facilities Impact Fee Rate Schedules." AND Part Two - Correctional Facilities Impact Fee Update Study and NEW Law Enforcement of Impact Fee: "Preparation of an update to the Correctional Facilities Impact Fee Rate Schedule and Development a new Law Enforcement Impact Fee (These two studies shall be conducted separately by a single consultant)." Overview 1. Each Impact Fee Update Study, as well as the development of the Law Enforcement Impact Fee, shall be performed separately, and the Consultant shall provide the County with separate proposals as well as work schedules and invoices for payment to facilitate the separate quantification of man-hours and costs associated with each individual study. The Consultant's proposal shall include a separate detailed task plan and schedule for each Impact Fee Update Study for which the Consultant desires to bid. 2. Each Impact Fee Update Study will consist of four (4) tasks, outlined as follows: Task A: Review of Current Ordinances, Fee Schedules, Plans, and Other Related Documentation The Consultant shall assemble the necessary background information and data required to complete the study(s). The Consultant shall work closely with the Budget Director, Impact Fee Coordinator, Comprehensive planning Manager, and other County staff personnel to ensure the complete assembly and review of all necessary background information and data items. The Consultant's proposal shall include a detailed list of such materials, identified either generically or by title. The Consultant shall also coordinate, as needed, with representatives of other affected agencies to obtain the oun's Office of Management and Budget and the aforementioned materials. The C ty .... , ..... ~ and Environmental Impact Fee Administration Section of the Commumty Services Division will assist the consultant in obtaining these materials, especially those materials provided by agencies outside the jurisdiction of the Board of Count3 necessarily limited to, the Collie' Commissioners. These agencies include, but are not Collie.~r C~oun~, and th, County Sheriff's Office, the District School Board of independent and dependent fire districts of Collier County. RFP 02-3317 -Consultant Services for Impact Fee Update Studies Task B: Data Compilation and Analysis Local data will be updated to suppl~/' the facts that will be the basis for the impact fee calculations. Such data shall include, but shall not necessarily be limited to, those required to determine the following: a. Revenue and financing histories b. Offsetting credits for other identified revenue sources c. Capital facilities/equipment inventories d. Level of service standards e. Costs of acquiring/constructing future capital improvements f. Costs per unit of equipment and capital facilities g. Current impact fee calculation methodologies h. Relevant operational statistics and demographic data i. Any other data compilation and analysis necessary, to complete the study The Consultant's proposal shall include a thorough summaW of data updates and analyses to be performed. Task C: Legal Review and Development of Recommended Fee Schedules This task shall include an analysis of relevant case law related to the subject imt~act fee(s) with special emphasis on legal defensibility. In addition, the Consultant's l report shall include recommendations and detailed criteria for impact fee exemptions, if any, fok specific land uses or categories of development· Local data will be audited and analyzed and then used to calculate the updated impact fees. Task D: Meetings and Public Hearings The Consultant's proposal shall feature a detailed work schedule that includes ~ sufficient number of public meetings and meetings with County staff and other affectec groups to complete the study, sufficiently educate and inform the-County's electet and the public, and facilitate adoption of the updated fee schedules by th~ · · · at one, S) formal public heart , officialsf C n Commissioners. It is. ant~c.~pated~!.h~u~ ~,~ ,~,, will be scheduled t, Board o ou .ry. . · ..... , c,.,. ,,,,d~, dy rum,,., ...... ~,s will be required tor eacn ~mpact ~,~,, -v~-te sm _. occur during regular Board of County Commissioners meetings and will be staggere due to scheduling and timing considerations. The Board of County Commissionex normally meets on the second and fourth Tuesday of each month. Information.' meetings, and possibly public hearings, will be required for other elected board: advisory groups, and interest groups as well. These include, but are not limited to ti- District School Board of Collier County, the advisory/governing Boards of the County · ' 's Developme' independent and dependent fire districts, the County Commxss~on Services Advisory Committee, and the Collier Building Industry Association. Fee 'sh~l'..c~nsist of four (4~ tast Development of the new Law Enforcement Impact i ":a~):~iJ'i '-'~ ~ identified as follows: ~ · ~ ::" ? '~ 2 ~"! i ~ ~ 7 -Coasultant Serv½ces for Impact Fee Update Studies RFP Task A: Review of previous Law Enforcement Impact Fee studies and Other Relevant Documentation The Consultant shall assemble all necessary background information and data required to complete the study(s). The Consultant shall work closely with the Budget Director, Impact Fee Coordinator, Comprehensive Planning Manager, and other Collier County personnel to ensure the complete assembly and review of all necessary background information and data items. The Consultant's proposal shall include a detailed list of such materials, identified either generically or by title. The Consultant shall also coordinate Collier County Sheriff's Office Staff as required. Task B: Data Compilation and Analysis, Including, But Not Limited to, Updating of Data From Previous Studies Local data, and the methodology described in previous Law Enforcement Impact Fee studies for Collier County, will be updated to supply the facts that will be the basis of the impact fee calculations. The primary local data to be updated during this research phase includes, but is not necessarily limited to, the following: a. Costs and Revenues: i. Update Capital Costs per Unit (Sheriff and Consultant) * Detail cost of equipment and the estimated useful life of that equipment * Vehicle replacement policy * Salvage value of vehicles * Building cost per square foot, including land acquisition , Substations: own, rent, or a combination of both. ii. Research Credits that Reduce Impact Fees * Identify law enforcement capital improvement expenditures and revenues during the past 5 fiscal years (Consultant_and OMB) * Provide current taxable value, both county-wide and for the unincorporated County, for residential and non-residential land use types (Property Appraiser) ~ ~ii~: ~' ': iii. Update Inventory of Major Capital Assets (Sheriff) ~-"' [.0~_ ~i~ * Number of vehicles r : ., ~ ~ .... * Number and square feet of stations and sub-statiins ¢'""_3_.:_~__ b. Update Incident Data i. Select Time Period (specific fiscal years or calendar years) to be Covered by Data Collection and Analysis (Consultant) ii. Update Sample of Calls for Setwice (CFS) and Investigations (Sheriff) *Random selection of 10% of annual CFS and Investigations *Assign land use to any sample item that does not have land use 23 RFP 02-3317 "Consultant Services for Impact Fee Update Studies iii. Prepare Demographic Data (Comprehensive Planning, Property Appraiser) * Provide current and ~'rojected population of service areas (i.e., both county-wide and the unincorporated County) * Provide current number of dwelling units (both county-wide and the unincorporated County) * Provide current square feet on non-residential land uses by type of land uses (both county-wide and the unincorporated County) iv. Create Summary Reports (Sheriff and Consultant) *Aggregate data by land use type c. Update Law Enforcement Manpower Analysis and Level of Service Standards i. Update Forecast of Future Calls for Service and Criminal Investigations (Consultant and Sheriff) ii. Update Number of Sworn Officers (authorized strength) (Sheriff) iii. Update Officer Availability Hours (Sheriff and Consultant) *Calculate total officer hours per year * Determine current officer attrition rate * Determine current on-duty hours available per officer * Determine officer hour required per call for service and investigation iv. Analyze, and Update if Necessary, the Level of Service Standards for Impact Fees (Consultant) * Sheriff's current policy on manpower "availability" (Note: relates to task 3.c. above) * Sheriff' s vehicle assignment policy * Sheriff's standard (or actual) square feet of station space per officer v. Other Analyses and Updates of Data Identified by the Consultant and agreed to by the County Task C: Legal Review and Development of Recommended Fee Schedules This task shall include an analysis of relevant case law related to the subject impact fee(s) with special emphasis on legal defensibility. In addition, the Consultant's final report shall include recommendations and detailed criteria for impact fee exemptions, if any, for specific land uses or categories of development. Local data will be audited and analyzed and then used to calculate the updated impact fees. Task D: Meetings and Public Hearings The Consultant's proposal shall feature a detailed work sch~dule tha~mcludes a sufficient number of public meetings and meetings with Count') 24 LFP 02-3317 "Consultant Services for Impact Fee Update Studies study, sufficiently educate and inform the County's elected officials and the public, and facilitate adoption of the Law Enforcement Impact Fee and the associated fee schedule by the Board of County Commissi6ners. It is anticipated that one (1) informational presentation followed by one (1) formal public hearing, each scheduled to occur during separate regular Board of County Commissioners meetings, will be required for the Law Enforcement Impact Fee. These items will be scheduled to avoid conflicts with the aforementioned Impact Fee Update Studies. The Board of County Commissioners normally meets on the second and fourth Tuesday of each month. Informational meetings will be required for other advisory groups and interest groups as well. These include, but are not limited to, the County Commission Development Services Advisory Committee, and the Collier Building Industry Association. Be Ce P__roj ect Schedule 1.' Within ten (10) days after Notice to Proceed, the Consultant shall provide an updated project schedule and anticipated payout curve. Said schedule and. anticipated payout curve shall be subject to approval by the County before an invoice can be submitted. The project schedule shall not exceed six (6) months in duration beginning with the Notice to Proceed meeting. Key Personnel The Consultant's work shall be performed and directed by the key personnel identified by the Consultant during the proposal stage of this project. Substitution of any key personnel, if proposed, shall be subject to prior written approval by the County. Progress Billing The Consultant shall meet with the County on a monthly basis and provide written progress reports that describe in detail the work pertbrmed on each task. Progress reports shall be delivered to the County concurrently with the monthly invoices. Pr/or to submitting invoices for payment, progress reports and invoices (percentage) complete will be reviewed during the monthly meeting. If a consultant is selected to perform multiple studies, progress reports and invoices shall be prepared separately for each study conducted. The Project Manager or his/her designee will judge whether work of sufficient quality and quantity has been accomplished by comparing the reported percentage complete against actual work products. The Consultant will submit weekly status reports, identifying work accomplished for the previous week and work to be accomplished for the next week. Any problems encountered should be identified and suggested solutions be made in the status report. Any difficulty in obtaining data or documentation from County staff or other agencies shall be immediately reported to the Project Manager. r'"'~'"'~ ?'T ~~'' :~7'~ ~-: ..... Liaison~Oftice RFP 02-3317 "Consultant Services for Impact Fee Update Studies The County will designate a Project Manager who shall be th~ representative of the County for the Project. The Impact Fee Administration Section of tl~e County's Community Development and Environmental Services Division will assist the Project Manager and will also be an available secondary resource for the Consultant for information or assistance. While it is expected the Consultant shall seek and receive advice from various State, Regional, and local agencies, the final direction on all matters remains with the Project Manager or their designee. 26 EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5310 (EQUIPMENT) FUNDS. OBJECTIVE: To authorize the Chairman to enter into the JPA with the Florida Department of Transportation. CONSIDERATION: On January 9, 2001, the Collier County Board of County Commissioners approved a Federal Transit Administration (FTA) Section 5310 grant application for funds to be used for the purchase of vehicles for the provision of transportation services to the elderly and disabled residents of Collier County. These funds are made available each year through an application process administered by the Florida Department of Transportation (FDOT). FISCAL IMPACT: The total amount of the grant approved is $88,000. The Federal share is $70,400, the State share is $8,800 and Collier County is to provide an $8,800 match. Funds for the match have been budgeted in the FY 2002 Budget process in Planning Fund 126. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman to enter into the Joint Participation Agreement (JPA) with the Florida Department of Transportation and approve the necessary budget amendments. f~Jill'M. Brown, Public Transportation Planner Reviewed by: /~~(~~~ Date: 11/30/01 D~wn ~,,. V~.//9~e i-"1',~,,~ ,P~-rt~-°?-'l an n in g D i rect° r Approved by' ~'._~~, ,~ Date:l 1/30/01 ~orm,~:. Feder', Transportation Services Administrator JEB BUSH GOVERNOR ?/orJda Department o£ Transporta t/on THOMAS F. BARRY, JR. SECRETARY September 21, 2001 Ms. Jill Brown, Public Transportation Planner Collier County Metropolitan Planning Organization 2685 South Horseshoe Drive, Suite 211 Naples, FL 34104 Re: Joint Participation Agreement - Section 5310 Item-Segment-Phase-Sequence Number: 204475 1 94 03 Federal Number: FL-16-0026 County: Collier County Dear Ms. Brown: Attached are four (4) copies of a Joint Participation Agreement (JPA) providing for Department participation in the above referenced project. Please execute and return three (3) copies of the agreement in accordance with the attached check list. Do not date the agreements. The fourth (4th) copy is for your records. Please note paragraph 8.30 of the JPA entitled "Disallowed Costs". Do not incur any costs to this project until you receive a fully executed JPA from this office. Failure to comply with this provision is cause for nonparticipation by the Department. Also, please note paragraph 18.10 entitled "Final Invoice". This paragraph establishes a time frame for submitting the final invoice for the project. If you require additional information or have any questions, please feel free to contact this office. Sincerely, ~oh~n/W. Starling ~ District Public Transportation Manager JWS:mea Attachments 09-27-01 10:45 District One, Public Transportation Office 801 North Broadway Avenue*Post Office Box 1249*Bartow, FL 33831-1249 (863)519-2386'(863)534-7172 (Fax)*MS 1-39 www@dot.state, fl. us CHECK LIST Please check for these items on Joint Participation Agreements, Supplemental Joint Participation Agreements, or Joint Participation Agreement Terminations to ensure validity of the Agreement. (1) (2) (3) (4) (5) (6) Original Signature must appear on three (3) copies of the Agreements. Please be sure authorized parties type titles and names on all copies for clarity. Please provide two resolutions from the Agency Agreement. Resolutions must specifically identify, authorizing signing of the by name or title, person(s) authorized to sign Agreements. Resolutions must bear original signature with seal. A sample Resolution is attached for your consideration and use. Please do not fill in any dates on the Agreements. Please return three (3) signed copies of the Agreement for further processing to the District Public Transportation Office at the address below: Ms. Fran Theberge, Project Coordinator Florida Department of Transportation District 1, Southwest Area Office P. O. Box 1030 Fort Myers, Florida 33902-1030 A copy will be furnished to your Agency after the Agreement is executed by the Department. Do not obligate funds against this project until final execution of the Agreement by the State has been completed and you have the necessary written approval from the Department. ITEM-SEGMENT-PHASE-SEQUENCE (Financial Management Number) (SAMPLE) RESOLUTION FOR JOINT PARTICIPATION AGREEMENT A RESOLUTION of the (Public Agency) authorizing the execution of that certain Joint Participation Agreement (JPA) with the Florida Department of Transportation. WHEREAS, (Public Agency) has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL TRANSIT ADMINISTRATION ACT OF 1964, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE (Public Agency) FLOR/DA: That the JPA for Item-Segment-Phase-Sequence (Financial Management Number) (Number) is approved. That (Authorized Individual By Name and Office) is authorized to enter into, modify or terminate the JPA with the Florida Department of Transportation, unless specifically rescinded. DULY PASSED AND ADOPTED THIS 20 By: Title ATTEST: (Seal) RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5310 (EQUIPMENT) FUNDS. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for Section 5310 Funding, Item-Segment-Phase-Sequence (Financial Management Number) 204475 1 94 03 is approved. 2. That the Chairman is authorized to enter into the JPA with the Florida Department of Transportation. THIS RESOLUTION ADOPTED THIS DAY OF MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. AFTER A ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By:. Dwight E. Brock, Clerk James D. Carter, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi Ashton, Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725-0:~-O6 PUBLIC TRANSP ADMIN - 07/01 Page 1 of 12 Fund: 010 Financial Project No.: 20447519403 Function: 631 (item-segment-phase-sequence) Contract No.: Federal No.: FL-16-0026 Catalog of Federal Domestic Assistance Number: 20.513 FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of State Financial Assistance Number: N/A THIS AGREEMENT, made and entered into this day of , , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F, Naples, FL 34112 hereinafter referred to as Agency. WITNESSETH' WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 (1) (a) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Agency's acquisition of two (2) converted vans with wheelchair lift and related parts as described in the Agency's Application for Federal Assistance dated January 9, 2001, on file in the Department, and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page2 o~ 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any o! the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 88,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 79,200.00 as detailed in Exhibit "B", or in an amount equal to th~ percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) (b) (c) (d) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; Availability of funds as stated in paragraph 17.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (~ is up(~t is applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs or~ amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage (~) is (~ is not applicable. If applicable, n/a percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/O1 Page 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established-by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal pIans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspe~:toT'genera, l, th..e Auditor-- General, or any other state official. FORM 725-O3O-06 PUBLIC TRANSP ADMIN - 07/01 Page 4 o~ 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its risc year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A~133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Flori,' Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the Sta Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accodance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. FORM 725-0:~)-06 PUBLIC TRANSP ADMIN -07/01 Page 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for Purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office Bartow , FL, 33831-1249 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federa,FT~..n~iaJ.-~¢s,i"s~~b'- the project suspends or terminates federal financial assistance to the project. In the event of termination of federal financial assistance, the Agency will reimburse the Department for !11 disallowed ~osts. FORM 725-O30-06 PUBLIC TR.~SP ADMIN - 07/01 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: if the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other und'ertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Departmentspecifically r_.eserves. contractor and to approve or ~lisa~p'r69~ unto itself the right to review the qualifications of any consultant or ~'~'m....,__ emplayment of the same. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/01 Page ? of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title Vi - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of t968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vlll of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans wiJh Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. '. ..... ,.';. -' :-:' ~: ........ j ?.,-,. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/O1 Page 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter ir-' any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable-environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. FORM 725-030-06 PUBLIC TRANSP .ADMIN - 07/01 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project ;acilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. '14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. FORM 725-030-O6 PUBLIC TRANSP ADMIN - 07/01 Page 10 of 12 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipmer~ or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2003 If the Agency does not complete the project within this time period, this Agreement will exp;re unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District One Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/O1 Page 11 of 12 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a cOntract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcc~.0tr~a_~;[or,, or c_o~s_u_lta.qt.__ under a contract with any public entity, and may not transact business with any public entity, t,;c. t t~ ~ ~/o~ PUBLIC TR, ANSP ADMIN - O7/01 Page 12 o~ 12 Financial Project No. Contract No. Agreement Date 20447519403 IN WITNESSWHEREOF, the padies hereto have causedthese presents be executed, the day and yearfirstabove wri~en. AGENCY FDOT Collier County Board of County Commissioners NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATURE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION TITLE DEPARTMENT OF TRANSPORTATION TITLE Approv d as to form & legal sufficienc) -- As$ist~t C'ou~d~ Attor~e.~ RECYCLED PAPER FINANCIAL PROJECT NO. 20447519403 CONTRACT NO. EXHIBIT "A" pROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, FL 34112 dated PROJECT LOCATION: Collier County PROJECT DESCRIPTION: Agency's acquisition of two (2) converted vans with wheelchair lift and related parts. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this agreement. The Department will provide written responses to all such requests. A minor change or amendment is def'med as a non-material change to the agreement. As a rule, it will be limited to operational items not having an impact to the scope or budget of the agreement. If applicable, the eligible project period may be extended by letter from the Department upon a written request from the Agency. END OF EXHIBIT A March 16. 2001 FINANCIAL PROJECT NO. 20447519403 CONTRACT NO. EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, FL 34112 dated I. PROJECT COST: $88,000.00 Acquisition of two (2) converted vans with lift and related equipment. II. TOTAL PROJECT COST: PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In-Kind Cash Other ( n]a%) ( n/a %) ( 10 %) (n/a%) $88,000.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) ( Federal Reimbursable (DU)(FRA)(DFTA)( Local Reimbursable (DL) ( or $ n/a TOTAL PROJECT COST $ n/a $ 8,800.00 $ n/a 10 %) or $ 8,800.00 80 %) or $ 70,400.00 n/a %)or $ n/a $ 88,000.00 1 of 2 Sanuar'y 25, 2000 MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING: N/A If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work Program in the following fiscal year(s): FY $ FY $ FY $ FY $ Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. 2 of 2 Sanity 25, 2000 FINANCIAL PROJECT NO. 20447519403 CONTRACT NO. EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of CounW Commissioners, 3301 East Tamiami Trail, Building F, Naples, FL 34112, dated Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said COSTS. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 1 of 3 Sunc 30. 2000 SECTIONS MARKED WITH AN 'X' ARE APPLICABLE TO THIS AGREEMENT Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. X 2. Other contracts less than $25,000 excluding consultant services Or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY X X X X X X Procurement Requests Agency Safety Compliance Agency Specifications Agency Invoices Ag.ency Audit Reports Agency Annually During Life of Project Project Progress Reports (In Department approved format) Agency Annually During Life of Project Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying .with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. 2 of 3 Jun~ 30, 2000 Federal Program Requirements N/A Section 5311 This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. § 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 653 and 654. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that services funded by the program were provided in non-urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (EXHIBIT B). X Section 5310 This Agreement is in conformance with Section 5310 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. § 5310) and Section 341.051(1)(a) Florida Statutes. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds. 3 of 3 June 30. 2000 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has been paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign this 1 Satisfaction of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. NO._ /(' ~ I - DEC 1 I 2001 / Pam Calli~s, Revenue Supervisor Utility Billing and Customer Service Tsr'esa A. Riesen, Revenue Manager t,..~,~U, tility Billing and Cust~er service Reviewed ' J.0-~ A. Y'°r~ko~Y, Director) Otili Billing a Customer Service ^..,oved ~: "~ ¢¢° Tom Wides, Interim Administrator Public Utilities Division Date: Date: ~?/~/ ~G£~OA 'IT£M - DEC 1 1 2.001 RESOLUTION NO. 2001 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 1 2 3 4 5 6 7 8 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 10 of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing 11 the recording of notices of liens for the delinquent solid waste collection and disposal ]2 services special assessments for 1991; and t3 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official 14 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, t5 Florida, which placed a lien on certain properties for the delinquent solid waste collection td and disposal services special assessments for 1991; and ]? WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ts approve by Resolution and record in the Official Records a Satisfaction of Liens on all t9 accounts that have been paid in full. 2o NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 22 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 23 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the 24 following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, 25 whereupon a lien had been recorded on real property pertaining to the accounts identified 26 herein. The Satisfactions of Lien attached hereto referencing the accounts identified 27 herein are hereby approved and the 'Chairman is hereby authorized to sign on behalf of the 28 Board of County Commissioners, and the Clerk is directed to record this Resolution and 29 these Satisfactions of Lien individually in the official records of Collier County: 3o 31 32 33 34 35 36 37 38 39 40 41 Account No. 96700 This Resolution adopted this second and majority vote ATTEST: DWIGHT E. BROCK, CLERK 42 43 Approved as to form and 44 I~y: 46, / ~ 47~r~ ~avid C./v'Veigel 4~ County Attorney day of ,2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman AGENDA ITEM NO. /6~ [ DEC 1 1 2001 PG. ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential- accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 5 accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $36.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: Them is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 5 Satisfaction of Liens on the account listed in the Resolution and authorizing the Chairman to sign these 5 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. l' A~.~,l[ NO A I T£l'q NOo.~ DEC 1 I Pam Ca/Ills, Revenue Supervisor Utilit, y~illing and Customer Service / Tere'sa A. F~i'esen, Revenue Manager Utility Billing and Customer Service Reviewed by.'_ . _. -J~r~A. Yonkb'st~y, D~rect,g~ U~.il~_~Billing '~-nd Cu~orn'er Service Approved by: ~,~,~ Tom Wides, Interim Administrator Public Utilities Division Date: \ ~"~,,~ ~--~ \ Date: \\)\ Lolo \ / Date: DEC 1 1 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 3O 31 32 33 34 35 36 RESOLUTION NO. 2001 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4556 Account No. 29353 Account No. 38153 Account No. 90450 Account No. 141354 This Resolution adopted this 37 second and majority vote. 38 39 ATTEST: 40 DWIGHT E. BROCK, CLERK 4! 42 43 44 Approved as to form and 45 legal SU~r~CY: ~ 48;~David C. ~/e'igel 49v County Attorney 5o day of ,2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman i" A'C~ NDA ITEM N0. /~' c~' DEC I I ;{00i EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE '1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 4 accounts that have paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $30.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 4 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 4 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. Prepared by: Pam Call~s~ Revenue Supervisor Utility/~i~ling an~d Customer~Service TereSa A~ Riesen, Revenue Manager Utility Billing and Customer Se~ice J~ ~ A Y~n~ ky, Dire or Se io Util~y B,lhng:} Custo~;r Tom Wides, Interim Administrator ~ublic Utilitios Division Date: D ate'//~,~Z/~ Date: Date: AGCNDA ~T£H ~o. lOC ~.~_ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 22 23 25 26 27 29 30 31 32 33 34 35 36 37 3g 39 4O 41 g2 43 45 46 47 RESOLUTION NO. 2001-__ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. · NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 851 Account No. 9108 ' Account No. 18018 Account No. 27902 This Resolution adopted this __ day of , 2001, after motion, second and majority vote. A'I-FEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and ¢c E~avid C./~A/~igel ounty Attorney James D. Carter, PH. D, Chairman i AG~OA IT£N DEC 1 i 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 6 accounts that have paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $42.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 6 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 6 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. AG~NOA NO. /,,:~ LI DEC I 12001 Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis/,/Revenue Supervisor Utility Bi, llfng and C, ustomer Service Teresa A. Rie~,en, Revenue Manager Utility Billing and~C~ust~me~r Service ,Joh'n'-'"A. Yon~bs~% Director Utiiity i~illing an~stomer-S~rvice Tom Wides, Interim Administrator Public Utilities Division Date: A~.OA XTC~ RESOLUTION NO. 2001- 1 2 3 A RESOLUTION APPROVING SATISFACTION OF LIENS 4 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 5 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES 6 SPECIAL ASSESSMENTS. ? WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 8 of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing 9 the recording of notices of liens for the delinquent solid waste collection and disposal 10 services special assessments for 1994; and 1] WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 12 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 13 accounts that have been paid in full. 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 16 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 17 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the 18 following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, t9 whereupon a lien had been recorded on real property pertaining to the accounts identified 20 herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein ~_1 are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: 22 23 24 25 Account No. 709 26 Account No. 1698 27 Account No. 6208 ~.8 Account No. 6745 29 Account No. 16997 30 Account No. 26343 31 This Resolution adopted this~ 32 second and majority vote. 33 34 ATTEST: DWIGHT E. BROCK, CLERK 36 37 day of , 2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 38 39 40 Approved as to form anaL_..._ 42 , "I ~ '3 43 ~j~D~avid C. V~eigel 44UCounty Attorney BY: James D. Carter, PH. D, Chairman DEC PG. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE '1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 51 accounts that have paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $316.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION' That the Board of County Commissioners adopt the attached Resolution approving the 51 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 51 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. NO. /'~ ~ DEC 1! ZOOl Prepared by~-"~c,~ Pam Callis,_Revenue Supervisor Utility ;13illi~g and Customer Service Reviewed by: _~/.'/~'74' ~ ~'~'~ "-~~ TereSa A. Riesen, Revenue Manager Utility Billing and Custg~er Se~ice Reviewed Utili~ Billing and CSs~o~er Se~ice Approved by: Tom Wides, Interim Administrator Public Utilities Division RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for ]7 1995; and ts WHEREAS, Collier County Ordinance No. 90-30, as amended, requires ]9 the Board to approve by Resolution and record in the Official Records a 20 Satisfaction of Liens on all accounts that have been paid in full. 2] NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2: COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier 23 County Ordinance 90-30, as amended the Board recognizes full payment and 24 receipt of the 1995 Service Year Solid Waste Collection and Disposal Special 25 Assessments for the following accounts numbered below, subsequent to the 26 adoption of Resolution No. 2000-236, whereupon a lien had been recorded on 27 real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby 29 approved and the Chairman is hereby authorized to sign on behalf of the Board 3o of County Commissioners, and the Clerk is directed to record this Resolution and :~t these Satisfactions of Lien individually in the official records of Collier County: Account No. 97 33 Account No. 987 34 Account No. 1038 35 Account No. 1643 36 Account No. 1915 37 Account No. 3793 38 Account No. 4242 3') Account No. 4912 4o Account No. 4941 4! Account No. 5128 42 ' Account No. 5348 43 Account No. 5393 44 Account No. 6266 A~ N~mA ] T ~ ~..~._ l_ DEC 1 f2,eol Pi;. ~ ] Account No. 6305 2 Account No. 6512 3 Account No. 6826 4 Account No. 7362 5 Account No. 8565 6 Account No. 8604 ? Account No. 8646 s Account No. 8730 9 Account No. 12014 ]o Account No. 12108 Il Account No. 13628 t2 Account No. 13819 t3 Account No. 14193 t4 Account No. 14601 ]5 Account No. 16191 ]6 Account No. 17734 17 Account No. 18160 ts Account No. 18186 ]9 Account No. 18898 20 Account No. 18979 2t Account No. 19198 22 Account No. 20404 23 Account No. 21018 24 Account No. 21034 25 Account No. 21199 26 Account No. 21225 27 Account No. 21908 28 Account No. 22392 29 Account No. 23498 30 Account No. 24073 3] Account No. 25577 32 Account No. 25739 33 - Account No. 26013 34 Account No. 26770 35 Account No. 27368 36 Account No. 28998 37 Account No. 29078 3s Account No. 29641 40 41 42 43 44 45 46 4'7 48 49 50 This Resolution adopted this motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK day of , 2001, after BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman .o. /;~ ~ DEC 1 ,. EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 71 accounts that have paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $441.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION' That the Board of County Commissioners adopt the attached Resolution approving the 71 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 71 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Pam Calli~. Revenue Supervisor Utility B, jil~'ng and .Customer Service Te(es~ A. Riesen, Revenue Manager Utility Billing and Custo~e~Se~ice J~ n~A Yonko~Direct / ut~ity,,B g ".~'illin and CQ~tomer Se~e Tom ~des, Interim Administrator Public Utilities Division D ate ://////'/~/'~ / Date: \ k,(/~ t,.; (C: ~ Date: //~Z,.~/o/ DEC 1 I 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Qfficial Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction 34 35 36 37 38 39 40 4I 42 43 44 of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000-237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 71 Account No. 84 Account No. 123 Account No. 301 Account No. 1436 Account No. 1614 Account No. 1656 Account No. 1708 Account No. 1931 Account No. 2066 Account No. 2286 Account No. 4404 Account No. 4912 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 4O 4! 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 Account No. 5209 Account No. 5241 Account No. 5445 Account No. 5872 Account No. 6127 Account No. 6648 Account No. 7100 Account No. 7511 Account No. 7812 Account No. 8824 Account No. 8853 Account No. 9302 Account No. 9645 Account No. 11141 Account No. 11785 Account No. 12166 Account No. 13262 Account No. 15118 Account No. 15561 Account No. 15626 Account No. 16421 Account No. 16696 Account No. 16926 Account No. 17019 Account No. 17611 Account No. 17954 Account No. 18254 Account No. 18555 Account No. 19004 Account No. 19321 Account No. 19567 Account No. 19693 Account No. 19790 Account No. 19978 Account No. 20310 Account No. 20844 Account No. 21021 Account No. 22729 Account No. 23090 Account No. 23126 Account No. 23304 Account No. 24125 Account No. 24701 Account No. 25836 Account No. 26055 Account No. 26505 Account No. 26657 Account No. 26848 Account No. 27960 Account No. 28477 Account No. 29285 Account No. 29913 Account No. 29968 Account No. 30520 Account No. 31024 Account No. 31189 Account No. 32188 Account No. 32557 This Resolution adopted after this __ motion, second and majority vote. day of , 2001, after AG~I~A IT£4~ NO. //.c.. ~,~ DEC f 1 2001 DATED: A'i-rEST: DWIGHT E. BROCK, CLERK Approved as to form and .~'~e n cy: ~ ''/,'" c_, ../.,t-'- ' JOavid C./~N~igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman m #0. /6~. /,, 0EC 1 1 2001 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $2,225.00 and the sewer impact fee fund by $74,976.96. The fiscal impact for recording the Satisfaction of Liens is approximately $153.00, which is to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. Prepared by: Pam Calli..~syRevenue Supervisor Utility...Bitffng an~. 0:;us~. ruer Service Reviewed by: Teresa A. Riesen, Revenue Manager Utilitv-Billin_q and~us o~rrter Service Reviewed by: %~,,..-~,'--.~'-.~%',.~,, ~'~_'~ J°hn,~. Yonk_o-_L~ Oir..eet~ U tilit~,~iliing..~ n~.O_,d'~to m e r Service Approved by: Tom Wides, Interim Administrator Public Utilities Division Date: \ ~%\ %-'-%% \ Date: I/'¢,//,'/ Date:, Pate: / EXHIBIT "A" ° ° o o o 10. 11 Antone Mendes, securing the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2,363.90) plus accrued interest. Folio #62206040006 Gilbert A. Mendes and Martha L. Mendes, husband and wife, securing the principal balance of eight thousand one hundred sixty dollars and no cents ($8,160.00) plus accrued interest. Folio #51690080007 Rogelio Chiong and Norma Chiong, husband and wife, securing the principal balance of two thousand eight hundred forty five dollars and sixty-five cents ($2,845.65) plus accrued interest. Folio #63501080003 Antone Mendes, securing the principal balance of four thousand five hundred seventy dollars and ninety cents ($4,570.90) plus accrued interest. Folio #62102720006 & 62102760008 Harold Young and Zada Lou Young, husband and wife, securing the principal balance of one thousand five hundred thirty six dollars and ten cents ($1,536.10) plus accrued interest. Folio #23371680000 Bruce A. Bowlby, a divorced man, formerly known as, Bruce A. Bowlby and Tamera Bowlby, husband and wife, securing the principal balance of one thousand dollars and no cents ($1,000.00) plus accrued interest. Folio #63505360004 Gil Mendes, a married man, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. Folio #62250440005 Jolm P. Kurth, a married man, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. Folio #61580640000 Angelo Fantozzi and Adrienne Fantozzi, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #00258965502 John T. Conroy, Jr., Successor Trustee, securing the principal balance of twelve thousand seven hundred fifty dollars and no cents ($12,750.00) plus accrued interest. Folio #00386840007 · Iva L. Garrett, securing the principal balance of one thousand five hundred dollars and thirty cents ($1,500.30) plus accrued interest. Folio #29430120007 12. 13. 14. Linda LeJeune, personal representative for Steven M. LeJeune, as to an undivided 1/3 interest and Bradley C. Thompson and Cathryn R. Thompson, husband and wife, as to an undivided 1/3 interest, and John W. Meyer, a single man, as to an undivided 1/3 interest, securing the principal balance of eight thousand eight hundred dollars and no cents ($8,800.00) plus accrued interest. Folio #76210480004 & 76210520003 First United Pentecostal Church of Naples, Inc., a Florida corporation, securing the principal balance of five thousand five hundred seventy five dollars and no cents ($5,575.00) plus accrued interest. Folio//00406280000 Stanley R. Fogg, Jr., a married man, securing the principal balance of seven thousand eight dollars and twenty cents ($7,008.20) plus accrued interest. Folio #48170680008 & 48170720007 15. Eleanor S. Fiermonti, a married xvoman, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. Folio #62040040000 16. Betty J. Maxxvell, a single woman, securing the principal balance of six hundred forty five dollars and no cents ($645.00) plus accrued interest. Folio #51593040005 17. Raul Loredo and Bertha E. Armendariz, joint tenants, securing the principal balance of one thousand two hundred forty nine dollars and eighteen cents ($1,249.18) plus accrued interest. Folio #68342800007 18. Gilbert A. Mendes and Antone C. Mendes, joint tenants, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. Folio #61631320004 & 61631320101 19. Sam Johns and Robert L. Ondre and Joni Ondre, his wife, securing the principal balance of three thousand two hundred fifty six dollars and twenty-three cents ($3,256.23) plus accrued interest. Folio #22623600001 20. John B. Kiley and Janice M. Kiley, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Folio #32488480003 21. Tracey s Kondzich Poffenbarger, a single person, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. Folio #4848520002 AG~ 8DA ITEM ~0. t'ce-.---] . D C 1 EXECUTIVE SUMMARY FUNDING FOR LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT WITH LONG BAY PARTNERS LLC IN THE AMOUNT OF $883,825 OBJECTIVE: To provide funds needed to reimburse a developer for upsizing water and sewer facilities while advancing construction of Livingston Road north of Immokalee Road. CONSIDERATIONS: On January 12, 1999, as agenda item 8(B)(3), the Board entered into an agreement with Long Bay Partners LLC (Developer) to reimburse the Developer for incremental costs to upsize water and sewer pipes coincident with extending Livingston Road north of Immokalee Road. The Collier County Community Development and Environmental Services Division issued a "Preliminary Acceptance" letter for the completed work on November 22, 2000. In accordance with the agreement, reimbursement will be a combination of' impact fee credits and cash as follows: Impact Fee Credit Cash Reimbursement Water Fund 411 Sewer Fund 413 Total 296,464.32 273,509.28 569,973.60 459.710.13 424.115.07 883.825.20 756.174.45 697,624.35 1,453.798.80 The actual cost was $1,616,422.53 as certified in the attached letter dated March 8, 2000. However, the reimbursement amount is the maximum amount payable in accordance with tile a~reement because the actual cost exceeded the original estimate by more than 20 percent. Per the agreement, if actual costs are greater than the original estimate, the reimbursement amount may be adjusted upward to a maximum of up to 20 percent of the original estimate. FISCAL IMPACT: This project is not cun'ently funded. A budget amendment is needed to transfer funds in the amount of $459,711 from reserves in the Water Capital ProJect fund (411) for project 70049 (Livingston Road North Extension Water Main) and $424,116 from reserves in the Wastewater Capital Project fund (413) for project 73002 (Livingston Road Force Main). Sources of funds are Water and Sewer Impact Fees, respectively. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this funding request. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment. AG£NOA NO. /~ ¥. DEC 1 1 200' PC,, Executive Summary Funding for Livingston Road Utility Reimbursement Page 2 SUBMITTED BY: /~4.~ ~.~-~ Date: Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager APPROVED BY: '~ ""- Date: Roy B. An/derson, P.E., Utilities Engineering Director Tom Wides, Interim Public Utilities Administrator Date: NO. /~-- ~ DEC 1 I 2001 HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 05-29-2001 P04:11 6202-F Presidential Court. Fort Myers, Florida 33919. Phone: 941.985.1200. Fax: 941.985.1259 March 8, 2001 Mr. Mitch Riley, P.E. Collier County TE & CMD Building D 2201 E Tamiami Trail Naples, FL 34412 RE: Livingston Road, Phase I & II Collier County 65041 HM Project No.: 85.31A-1702-20/40 VIA FAX & MAIL Dear Mr. Riley: In accordance with the Livingston Road Utility Facilities Reimbursement and Contribution Agreement, Hole Montes, Inc. is providing certified project construction costs for Phase I and Phase II utilities. Attached for your use is a breakdown of Phase I and II construction costs. Hole Montes provided survey layout direct to Long Bay Partners for a fee of $34,314.38. Upon review, Hole Montes, Inc. certifies to the best of our belief and knowledge, the total construction cost for the utilities to be $1,616,422.53. We trust this letter and attachments provide the information you need for disbursements pursuant to the agreement. If you have any questions, please do hesitate to call. Very truly yours, HOLE MONTES, iNC. / DARRELL G. HARTLEY, P.E. Contract Administrator/Associate DGH/dd c.c. Vince Barraco Naples. Fort Myers. Venice, Englewood 85.31A-1702 ITEM DESCRIPTION SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE I UTILITIES QUANTITY UNIT AMOUNT 512512001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 WATER MAIN Connection to Existing Water Main 16"DR-18 Water Main 12" DR-18 Water Main 12 DR-14 Water Main 8" DR-18 Water Main 6" DR-14 Water Main Ductile Iron Fittings 16" Gate Valve & Box 12" Gate Valve & Box 8" Gate Valve & Box 6" Gate Valve & Box Fire Hydrant Assembly ARV Permanent Sample Point Temporary Sample Point 12" Temporary B/O 8" Temporary BIO 30" Open Cut Casing 30" x 16" Casing Spacers 24" Open Cut Casing 24"x 12" Casing Spacers 1 EA 13,500 LF 94 LF 154 LF 132 LF 525 EA 6.93 TN 16 EA 2 EA 1 EA 13 EA 13 EA 2 EA 4 EA 14 EA 2 EA 1 EA 270 LF 41 EA 160 LF 24 EA WATER MAIN SUB-TOTAL $1,315.00 $507,6O0.00 $2,228.74 $4,522.98 $1,527.24 $6.200.25 $60 429.60 $61 248.00 $2 854.00 $865.00 $8,190.00 $27,950.00 $2,180.00 $3,880.00 $10,500.00 $3,620.00 $1,240.00 $19,440.00 $7,913.00 S9,440.00 $4,248O0 $747,391.81 Final Const Costs PHI Utilifies.xls AG£ I'~)A IT£l~t~ DEC 1 1 2001 85.31A-1702 ITEM DESCRIPTION SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE I UTILITIES QUANTITY UNIT AMOUNT 5/2512001 FORCE MAIN 1 16" X 16" Cut-Tee 2 16" DR-18 FM 3 16" DR-25 FM 4 12" DR-18 FM 5 12" DR-14 FM 6 8" DR-18 FM 7 Ductile Iron Fittings 8 16" Plug Valve & Box 9 12" Plug Valve & Box 10 8" Plug Valve & Box 11 ARV 12 12" Temporary B/O 13 8" Temporary B/O 14 24" Open Cut Casing 15 24"x 12" Casing Spacers 16 Concrete Encasing 16" FM 17 Concrete Encasing 12" FM 1 EA 80 LF 10,920 LF 2,370 LF 464 LF 50 LF 5.15 TN 12 EA 6 EA I EA 4 EA 3 EA 1 EA 42O LF 64 EA 200 LF 60 LF FORCE MAIN SUB-TOTAL $4,245.00 $3,128.80 $410,592.00 $61,359.30 $14,759.84 $710.00 $45,577.50 $47,340.00 $14,790.00 $1,35O.OO $6,180.00 $7,680.00 $1,510.00 $24,780.00 $11,328.00 $7,300.00 $1,845.00 $664,475.44 PHASE I SUB-TOTAL $1,411,867.25 Final Const Costs PHI Utilities.xls DEC 11 Z001 I 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTILITIES 512512001 ITEM DESCRIPTION QUANTITY UNIT AMOUNT 1 2 3 4 5 6 7 WATER MAIN 12" DR-18 Water Main 12" DR-14 Water Main 6" DR-14 Water Main Ductile Iron Fittings 12" Gate Valve & Box Fire Hydrant Assembly 12" Temporary BIO 1,675 LF 20 LF 10 LF 0.26 TN 2 EA 2 EA 1 EA WATER MAIN SUB-TOTAL $39,714.25 $587.40 $118.10 $2,267.2O $2,854.00 $4,300.00 $1,810.00 $51,650.95 Final Const Costs PH II Utilities.xls DEC 1 1 2001 P(~o ~ 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTILITIES 51251200t ITEM DESCRIPTION QUANTITY UNIT AMOUNT FORCE MAIN 1 12" DR-18 FM 2 12" DR-14 FM 3 Ductile Iron Fittings 4 12" Plug Valve & Box 5 12' Temporary B/O 6 Concrete Encasing 12" FM 1,675 LF 20 LF 0.26 TN 2 EA 1 EA 20 LF $43,365.75 $636.2O $2,301.00 $4,930.00 $2,560.00 $615.00 FORCE MAIN SUB-TOTAL $54,407.95 PHASE II SUB-TOTAL $106,058.90 Final Const Costs PH II Utilities.xls 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTLITIES 5/25/2001 1 2 3 ITEM DESCRIPTION MISCELLANEOUS F & I 6" SDR-26 Conduits Payment & Perf. Bonds 24" Casing - Future Irrigation QUANTITY UNIT 6,430 LF 1 LS 310 LF MISC. SUB-TOTAL AMOUNT $32,150.00 $13,742.00 $18,290.00 $64,182.00 Final Const Costs PH II Utilities.xls I DEC 1 12001 85.31A-1702 SUMMARY OF QUANTITIES AND CONSTRUCTION COSTS LIVINGSTON ROAD - PHASE II UTILITIES 512512001 PHASEISUB~OTAL PHASEIISUB-TOTAL MISCELLANEOUS SUB-TOTAL $1,411,867.25 $106,058.90 $64,182.00 PHASE I & II GRAND TOTAL $1,582,108.15 Final Const Costs PH II Utilities.xls / DEC 1 1 Z~3ul EXECUTIVE SUMMARY APPROVE WORK ORDER LAG-FT-02-02 TO LAW ENGINEERING AND ENVIRONMENTAL SERVICES INC., FOR PROFESSIONAL MATERIAL TESTING SERVICES FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 99-2962, PROJECT 73949. OBJECTIVE: To provide material testing services required during construction of the expansion to the South County Water Reclamation Facility (SCWRF) necessary to meet growing demand for sewer service in the South County Sewer Service Area. CONSIDERATIONS: On October 9, 2001, Agenda Item 10D, the Board of County Commissioners amended the contracts for engineering, inspection and construction services to construct an expansion to the South County Water Reclamation Facility (SCWRF). The contract specifications for this project require that the County employ the services of an independent testing laboratory to perform materials inspection and testing. Staff has negotiated the proposed scope and compensation as provided in Work Order LAG- FT-02-02. FISCAL IMPACT: Funds for this work order in the amount of $293,072 are available from County Sewer Capital Projects. The £unding source is hnpact Fees. GROWTH MANAGEMENT IMPACT: This increase in capacity to treat xvastewater in the South Sewer Service Area is consistent with the Groxvth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Administrator to execute Work Order LAG-FT-02-02 to Law Engineering and Environmental Services Inc., for professional material testing services for the SCWRF Expansion, Project 73949. Alicia Abbott, Project Manager, Public Utilities Engineering REVIEWED BY: /~-,,'-'7 ~ ~ Date: //--- ~2 ~', o / Roy B. Ar)derson, P.E., P. ublic Utilities Engineering Director Josct~lq ~3. Ctheatham, Wastewater Director '~'J e APPROVED BY: ~/~29Z~ ~/~-~-- Dat:- Thomas G. Wides, Interim Public Utilities Administrator /1_ z AGENDA DEC 1 1 2001 1 WORK ORDER # LAG-FT-02-02 Agreement for Fixed Term Professional Material Testing Services Dated January 11, 2000 (Contract //99-2962) This Work Order is for professional engineering services for work known as {Title) South County Water Reclamation Facility Expansion {Reason for Proiect) To provide material testing services. Work will include soil testing, concrete testin~ and welding inspection, l.aw personnel will be available on an on-call basis for the duration of this proiect. The work is specified in the proposal dated November 14, 2001, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #LAG-FT-02-02 is assigned to LAW Engineering and Environmental Services, Inc. Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task l: Material Testing Services Schedule of Work: Complete work within 31 months from receipt of the Notice to Proceed authorizing start of work. This work is to be coordinated with the Construction Manager, Montgomery Watson. Compensation: In accordance with Article Five and Schedule B and Attachments gl and /12 of' '~)~ the Agreement, the Count), will compensate the Firm Lr~a.ccc. i'd,,[,.~ ,vid, :l',c ;¢cg~ti,~tcd lu;uv' ,..r,.v,+a--a. ae~t--a:r'P-$ 293,072, as provided in the attached proposal (or in accordance with the established hourly rate(s) as enumerated in Schedule "B" of the Agreementtfl6~pecified in this Work Order). (List all Tasks) LFL~...E~: $ 293,072 (time & material) ~ / ~'i Any change within monetary authority of this %ork Order made subsequent t hal department approval will be considered an additional service and charged according to Schedule "B of the Agreement. Alicia Abbott, Public Utilities Engineering Date Project Manager Roy An/derson, Public Utilties Engineering Director Date Josep,~B. Ch{eatham, Wastewater Director Date APPROVED BY: Thomas G. Wides, Interim Public Utilities Administrator Date Approved as to Form and Legal Sufficiency: Assistant County ~ttorney ATTEST: (Corporate Secretary) By: Type Name and Title Fund: 413 Cost Center: 263611 Object Code: ACCEPTED BY Date: //-2 - D I Name of Firm 631400 Project Nuraber:73949 DEC 1 1 2001 L^wGm 3 November 14, 2001 Ms. Alicia Abbott COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION ENGINEERING DEPARTMENT 3301 E. Tamiami Trail, Building H Naples, Florida 34112 (941) 530-5335 (941) 732 2526 (FAX) Subject: Proposal for Construction Testing Services SOUTH COL~TY WATER RECLAMATION FACILITY Naples, Collier County., Florida LAW Proposal 40399-0-0000-478 Dear Ms. Abbott: Laxv Engineering and Environmental Services, Inc. (LAW) would appreciate the opportunity, to provide you with qualit~ construction materials testing on your project. Our Naples based staff of engineers and en~neering technicians can provide the professimml and economical construction testing services that your project requires and deserves. In this proposal we have included a review of the scope of services anticipated to be requested of LAW, and information regarding the staffing and scheduling of our services. Project Information We have been provided with a set of the 90% submittal plans and technical specifications titled "South County Water Reclamation Facility. - Expansion to 16 MGD" prepared by Hole Montes & Associates, dated June 22, 2001. Our understanding of the proposed project is based on the plans and specifications provided by you and our past invoh, ement during the geotechnical exploration and analysis phase. We understand the proposed project to consist of constructing the following structures at the site: · Five new aeration tanks · Two, 1.25 MG Crom storage tanks · Two new clar/fiers · One sludge holding tank LAW Engineering and Environmental Services. Inc. 3627 Progress Avenue · Naples, FL 34104 941-643-4747 · Fax: 941-643-4750 A6£NDA N0. /(' ~ BEC 1 1 200I PG. ~ South County Water Reclamation Facility LA W Proposa140399-0-0000-478 November 14, 2001 Installation of paved access roadways, sidewalks, and underground utilities is also in the scope of the project. Scope of Services We propose to provide sufficient staff to perform the services requested of LAW on an on-call and full-time basis as needed. Based on our understanding of your request, we have developed this proposal to list the services and give an estimate of our total fees for the project. It is our experience that additional services and quantities are often requested prior to completion of a project; these services can be provided in accordance with the unit rates in our County contract. Any additional services or quantities will be billed according to the contract and will be in addition to our total project fee estimate. Construction Materials Testing Soil Testin~ · Conduct laboratory classification tests to classify in-place and proposed fill soils. · Conduct laboratory Proctor moisture-density relationship (compaction) tests on representative samples of in-place and proposed fill soils. · Conduct in-place field density tests to verif.v the percent of compaction achieved by the contractor. · Conduct laboratory Limerock Bearing Ratio (LBR) tests on representative samples of proposed pavement base and subbase material. Concrete TestinR · Obtain samples and perform tests on plastic concrete in the field, such as slump, air content, temperatures, and other tests as required by the project specifications. · Cast 6-inch by 12-inch concrete cylinder specimens for compressive strength testing. · Cure and test concrete cylinders; report compressive strengths. Welding Inspection · Review of~velder qualifications and welding procedures. · Visual inspection of xveld quality. · Documentation of inspection results. Project Staffing and Scheduling To accomplish this scope of services, we will assign a project engineer to oversee LAW's work on the project. The engineer will review the daily reports and test results prepared by the omsite I AG£NOA I T£M/'~ personnel, be available for consultations, and provide properly trained personnel when needed NO. /~, ~ "~ DEC 11 200 : South County Water Reclamation Facility LA W Proposa140399-0-0000-478 November 14, 2001 We will provide LAW personnel on an on-call basis for this project and will report to the project at the request of your office. We request 24 hours notice prior to prov/ding on-call personnel to enable us to schedule the work efficiently. We will provide field representatives to observe the work and conduct field tests. Our work does not include supervision or direction of the actual xvork of the contractor, his employees or agent. The conlxactor should also be aware that neither the presence of our field representative nor the obserwation and testing by our firm shall excuse him in any way for defects discovered in his work. It is understood that our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. In this proposal, the words "sztpem,ision," "inspection," or "control" are used to mean periodic observation of the work and the conducting of tests by LAW to yetiS, substantial compliance with plans, specifications, and design concepts. Compensation Based upon our understanding of the project and services to be provided by our firm, we estimate our fees xvill be on the order of S293,072. This fee includes pre-construction meetings, safeV orientation for LAW personnel, the proposed testing, and contingencies for xvelding inspections. We propose to provide our services on a time and materials basis. Personnel time spent conducting tests at the site, travel to and from our office and preparing and reviewing reports will be charged in accordance with the hourly rates in Attachment No. I to Schedule B of our contract with the County. Laboratory testing ~vill be conducted in accordance xvith Schedules A and B of our contract. We have estimated that our en~neering technician will be required on site for 17 to 36 hours per week, depending on the scheduled construct/on activities. We anticipate a total of about 5 hours per week ~vill be required for Project Management, clerical support, and Principal En~neer technical oversight. DEC I 2001 South County Water Reclamation Facility LA W Proposa1403 99-0-0000-478 November 14, 2001 The individual test costs and hourly rates used to develop the cost estimate for the provided services are as follows: CONSTRUCTION MATERIALS TESTING SERVICES ~-~' ~.~: ~:¢:-~:~:~:; ~.~::~ .~'~.~ ~ ~:~: ~:~'~-~ :~'~ '~.~:~ '~? ~:~ ~:~ T~St'o~)~~ ;~:~ '~:?~:~unit-Rat~.~ .~3:: ~ ~: :::~::, Total Fee~; i, ~: ~ Modified Proctor Tests 10 tests $75.00/test $750.00 Standard Proctor Tests 8 tests $70.00/test $560.00 Grain Size ~alysis 10 testa $32.00/test S320.00 Moisture Content Tests 10 $9.00 $90.00 L~erock Beahng Ratio 8 tests $225.00/test $1,800.00 Concrete Cylinders, Lab Testing & RepoSing 5000 cylinders S6.00/cyl~der $30,000.00 Senior Eng~eehng Tec~ician, S~aight ~28 ho~s $42.00~our S139,776.00 T~e Senior Engineering Tec~cian, Ove~ime 686 hours $63.00~our $43,218.00 Staff Engineer 70 ho~s $70.00 $4,900.00 Project Manager/Senior Engineer 417 hours $104.00~our S43,368.00 Phncipal Engineer 138 hours $125.00~o~ S 17,250.00 Clerical Support 276 hours $40.00~our Sl 1,040.00 TOT~ ESTIMATE FEE S293,072.00 The compensation will be based upon the actual time spent and tests conducted in accordance xvith the referenced contract. Authorization To authorize us to provide the proposed services, please issue a Purchase Order referencing our Agreement for Fixed Term Material Testing Services, contract #99-2962. DEC 1 I 2001 PG.,,;,,, ~ ~ Soutt, County Water Reclamation Facility LA W Proposa140399-0-0000-478 November 14, 2001 Closing We appreciate your consideration of LAW for this work and look forward to assisting you on this and future projects. Sincerely, LAW ENGINEERING AND EN¥IRONMENTAL SERVICES, INC. Office Manager Jo C.'--Tucker, P.E. Principal Engineer Director of Projects EJP/JCT:cjb/478-SCWRF CMT NO. /C.C '-~ DEC I I 2001 P~o ~ EXECUTIVE SUMMARY DECLARE AN EMERGENCY AND AUTHORIZE NEGOTIATIONS FOR DESIGN- BUILD SERVICES FOR NEW REVERSE OSMOSIS RAW WATER SUPPLY WELLS FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70075 OBJECTIVE: To affirm that BCC action taken on October 23, 2001 authorizing design-build negotiations do in fact constitute an emergency in order to avoid potential water supply deficits and/or disruptions to water service. The emergency is that time is of critical essence. CONSIDERATIONS: The recently completed North County Regional Water Treatment Plant 8 million gallons per day (mgd) expansion project included ten new reverse osmosis raw water supply wells. Over the last two years, four of the ten wells have shown declining reliability. 8- mgd of water production cannot be fully achieved. Full production is required in the NCRWTP Hawthorne Aquifer Wellfield to prevent a potential shortfall in potable water capacity and supply. Subsection 287.055(10)(c)(6), Florida Statutes, authorizes agency heads to declare a public emergency and authorize negotiations with the best-qualified design-build finn to construct reliability wells as a backup for existing wells. This expedited procedure saves time and facilitates these wells to be completed by November 2002. The BCC action on October 23, 2001 approved a Work Order ME-FT-02-02 for 30% design for 4 new wells, and the associated plant processing analysis and design, and authorized the Public Utilities Administrator to negotiate a Design-Build contract to construct new reverse osmosis wells and make the necessary plant modifications. The negotiations cannot be lawfully achieved ~vithout declaration of the emergency. Metcalf & Eddy is the original plant/well designer and the best-qualified firm with which to enter negotiations. It is anticipated that the negotiated contract will include 60% and 90% submittals and all sub-contractor pricing and owner approvals. Collier Public Utilities Engineering will be responsible for the construction inspections and verifications. FISCAL IMPACT: Funds in the amount of $4,340,000 are budgeted for this project (70075). The source of these funds is Impact fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management; however, failure to meet deadlines could have negative impacts and inability to meet public demands for potable water and fire flows. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, declare a public emergency for potable water supply and by approval of this Executive Summary authorize the P Ublic ~]~Ef'A IIEM Administrator, or his designee, to negotiate a Design-Build contract with the besll qualff'eed finn DEC 11 001 Executive Summary Declare Emergency Page 2 to construct new reverse osmosis wells and make the necessary plant modifications. The contract will be brought back to this Board for final approval. SUBMITTED BY:/~.,~ ( J~g~es L. McGee, Proje.c,t Manager "--~u~!c Utilities .~gineering Department ~VIEWEDBY' Ro~. Anderson, P.E[', Director Public Utilities Engineering Department REVIEWED BY: Paul Mattausch, Water Department Director REVIEWED BY: Tom Palmer. Assistant County Attorney REVIEWED BY: APPROVED BY: DATE: DATE: DATE: Steve Carneil, Pi~rchasing Director DATE: Thomas Wides, Interim Administrator Public Utilities Division EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #01-3288 - "CHEMICALS FOR UTILITIES" OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sexver District, award Bid #01-3288 - "Chemicals for Utilities" to the various vendors listed in Exhibit A in order for the County to continue chemical treatment of water and wastewater. CONSIDERATION: 1. The County's Public Utilities Division operates water and ;vastewater facilities necessary to serve the customers of the County Water/Sewer District. These treatment facilities provide treatment of the County's water and sewage through chemical addition, in order to achieve compliance xvith Federal and State Regulations. 3. The Public Utilities Division solicits chemical bids annually to provide the necessary chemicals to operate the County's water and wastewater facilities. Bid #01-3288 was posted on September 21, 2001. Eighty-two (82) inquiries were sent to vendors. Fifteen (15) packages were received. All legal requirements have been met. o No bids were received for sodium fluorosilicate and Staff has negotiated a one (1) year contract with the company previously providing sodium silicofluoride, Vopak USA, Inc. Vopak was last year's supplier of a similar product, sodium silicofiuoride, and has proven to be a reliable vendor. o Staff has reviexved the bids received and recommends the vendors listed in Exhibit A as having submitted the lowest, qualified and responsive bids and provided information on training as specified in the bid documents. GROWTH MANAGEMENT IMPACT: These purchases are necessary in order for the County to operate its treatment facilities and provide water and wastewater service to the County's existing customers, as well as for future growth. FISCAL IMPACT: amount of $548,341.65. The fiscal impact of awarding this bid is in the estimated Funds are budgeted and approved in the estimated quantities listed in the bid information. These are only estimates used for bidding purposes and shall not be interpreted as the Board's authorized expenditure limits. RECOMMENDATION-: That the Board of County Commissioners, Ex-Officio, the ~overning Board of the County Water Sewer District, award Bid #01-3288 to the vendors listed on Exhibit A attached. REVIEWED BY::~f;~TL~~orDate: paul Mat'tausch, ' REVIEWED BY: Jd'~ Qheatham, Wastewater 191rector Steve ~amell, Purchasmg/GS D~recto APPROVED "~/~ ~' ~'~'~; Date: ~i~n77strator DEC 1 1 EXHIBIT A CHEMICAL VENDOR UNIT COST PER UNIT FISCAL IMPACT Quicklime Chemical Lime $114.99 Ton $73,717.50 Dewatering Polydyne $2200.00 30 Bag Pallet $4,400.00 Polymer Sodium Vopak USA, $16.50 50# Bag $16,500.00 Fluorosilicate Inc. Potassium A. stor Chemical $429.00 330# Drum $107,205.00 Permanganate Anhydrous Tanner $510.00 Ton $23,460.00 Ammonia Industries Anhydrous Allied $145.00 150# Cylinder $725.00 Ammonia Universal Chlorine Allied $197.95 Ton $51,467.00 Universal Chlorine Allied $46.40 150# Cylinder $510.40 Universal 50% Sodium JCI S253.00 Dry Ton $174,570.00 Hydroxide 25% Sodium Allied $.58 Gallon $55,100.00 Hydroxide Universal Membrane American $.53 Pound $10,600.00 Scale Inhibitor Water Chemicals Calcium Harcros $84.75 100# Container $30,086.75 Hypochlorite Chemical TOTAL $548,341.65 . Pg- ~ , 1 1 200 EXEcUTIV MMARY RESOLUTION PROVIDING FOR BOARD APPOINTMENT OF A REPLACEMENT MEMBER TO THE COMMUNITY ADVISORY COUNCIL PERTAINING TO LANDFILL OPERATION AGREEMENT BETWEEN COLLIER COUNTY AND WASTE MANAGEMENT, INC. OF FLORIDA. OBJECTIVE: Board appointment of a replacement member to the Community Advisory Council established by Waste Management, Inc. of Florida pursuant to the Landfill Operation Agreement dated February 7, 1995. CONSIDERATIONS: The Landfill Operation Agreement Between Collier County and Waste Management, Inc. of Florida provides that "[T]he Contractor shall establish a community advisory council through which the Contractor shall communicate information, educate the community and develop a community awareness program related to activities at the Facilities. The community advisory council shall include community leadership group involvement, community-wide environmental programs and an open door/open house policy. The membership of the community advisory council will include seven members, six of which shall be appointed by the Board or its designee, and one of which shall be appointed by the Contractor." (Paragraph 2.20 Customer and Community Relations~ page 14 of Agreement.) The Solid Waste Management Department has received information from Mr. John Wong, District Manager, Collier County Landfills, a division of Waste Management, Inc. of Florida that a member of the Community Advisory Council previously appointed to the Board has resigned and that the following individual has expressed an interest and desire to serve on the Council. Stanley Plappert - an East Naples resident 180 Lambton Lane Naples, Florida 34104 This Committee is not created or funded by the Board of County Commissioners and its Advisory Board Ordinance, No. 86-41, as amended, does not apply. The Board previously appointed members to an indefinite tenn. A resolution may be adopted to provide for the appointment of individuals by the Board and incorporate such additional terms as deemed appropriate. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None NO. DEC 1 1 2001 PG. ( ,, RECOMMENDATION: That the Board consider appointing Mr. Stanley Plappert as a replacement member of the Community Advisory Committee and adopt a resolution providing for the appointment and any additional terms of membership that are appropriate. SUBMITTED BY: G. George Yilmaz, Ph.D., P.E., P.H., REP. Solid Waste Director Date: tt,,/2-'.///o t APPROVED BY: , Tom '~ides, Interim Administrator Public Utilities Division Date: h:RNZ~ExSum-ApptMember-ComAdvCouncil AGENDA ITi% NO. /4C . DEC 1 17-001 PC,. ~ 1 2 3 4 5 6 7 8 9 10 I! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 RESOLUTION NO. 2001-.__ A RESOLUTION APPOINTING A REPLACEMENT MEMBER TO THE COMMUNITY ADVISORY COUNCIL TO ACT AS ADVISORY COUNCIL TO WASTE MANAGEMENT, INC. OF FLORIDA PURSUANT TO THE LANDFILL OPERATION AGREEMENT DATED FRBRUARY 7, 1995. 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 WHEREAS, the Landfill Operation Agreement between Collier County and Waste Management, Inc. of Florida provides that "[T]the Contractor shall establish a community advisory council through which the Contractor shall communicate information, educate the community and develop a community awareness program related to activities at the Facilities ..."; and WHEREAS, the Community Advisory Council shall be composed of seven members, six of which shall be appointed by the Board of County Commissioners or its designee and one of which shall be appointed by the Contractor; and WHEREAS, the Community Advisory Council shall include community leadership group involvement, community wide environmental programs and an open door/open house policy; and WHEREAS, the District Manager of Collier County Landfills, a division of Waste Management, Inc. of Florida, has provided the name of an individual who desires to serve on the Community Advisory Council. NOW, THEREFORE, BE ri' RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The following member is hereby appointed to the Community Advisory Council: Stanley Plappert, an East Naples resident 2. The Board recognizes Mr. John Wong, District Manager, Collier County Landfills, a division of Waste Management, Inc. of Florida, as the Contractor's (Waste Management, Inc. of Florida) appointment to the Community Advisory Council, a/k/a "Landfill Operations Community Council." ri' IS FURTHER RESOLVED that this Council is a contractual council which is not governed by the Board of County Commissioners under Collier County Ordinance No. 86-41, as amended. This Resolution adopted this day of , 2001 after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Assistant County Attorney h: RNZ'41.csos'~,pptMcmbcr -ComAdvCouncil AG£NOA IT£N ! ,0. /Lc. DEC I 1 2001 EXECUTIVE SUMMARY, ACCEPT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF A SEWER INTERCONNECT TO REROUTE FLOWS BETWEEN THE NORTH COUNTY SEWER SYSTEM AND THE SOUTH COUNTY SEWER SYSTEM. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, acting as the ex officio governing board of the County Water-Sewer District of Collier County, Florida, ("Collier County") accept utility easements and temporary construction easements from Halstatt Partnership, a Florida general partnership ("Halstatt"), MBC Partnership, a Florida general partnership ("MBC"), and any other property owners required in order to complete the construction of a sewer interconnect for Project 73076. CONSIDERATIONS: During the County's peak demand season of 2000-2001, the North County Water Reclamation Facility experienced several ovedlow events that resulted in a FDEP Consent Order. In order to prevent similar overflow events and disruptions to sewer service from happening during future seasons, it is proposed to provide the means to reroute flows to other treatment facilities with available treatment capacity through the construction of new sewer interconnects. The Board of County Commissioners approved the construction of these sewer interconnects at its regular meeting June 12, 2001, under item 16(c)5. One of the interconnects that has been designed for the north County sewer system to connect to the south County sewer system necessitates the conveyance of the above mentioned easements from Halstatt and MBC to Collier County. Staff is currently negotiating with these property owners, but to date an agreed upon value for the property interest sought has not been established. Due to time constraints and the Board's calendar, approval is being sought for the acceptance of these easements before the documents are executed and before an agreed upon value is established in order to expedite the project. Should Collier County need to purchase any of the required easements, the purchase price, as specified within any Easement Agreement, will be within the spending limits established for Division Administrators by the Collier County Purchasing Policy. To ensure that Collier County's interests are protected, the easements will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to recording in Public Records. FISCAL IMPACT: The cost of securing these easements has been budgeted for in the Wastewater Capital Fund (413) under project number 73076 (North-South Sewer Interconnect). As a minimum, there will be costs associated with recording fees, title work, staff time and the cost of purchasing the easements should they not be able to be acquired by donation. Source of Funds is sewer impact fee. EXECUTIVE SUMMARY North-South Sewer Interconnect Pa.qe 2 GROWTH MANAGEMENT IMPACT: This project involves optimizing available treatment capacity in response to growth. RECOMMENDATION: Staff is recommending the Board of County Commissioners, acting as the ex officio governing board of the County Water-Sewer District of Collier County, Florida: (1) Approve and accept the utility easements and temporary construction easements once they have been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; and (2) Authorize its Chairman to execute the Easement Agreements and any and all documents related to this project and such other documents necessary for clearing title; and (3) Authorize staff to proceed with the related real estate closing transactions and authorize the Real Property Management Department to record with the Clerk of Courts the easements and any and all necessary documents (once approved by the County Attorney's Office) for clearing title in the Public Records of Collier County, Florida. SUBMITTED BY: Ernie W. Kerskie, Senior Property Acquisition Specialist Real Property Management Department ToniC/~. Mott, Real Property Super~/i§0r Real Property Management Department Charles E. car6i~to~, Or., S~A, Direc[or Real Prope~y ManaCment Depa~ment //-- DATE: A¢.~ NDA ITEM .0. DEC, 1 1 2001 EXECUTIVE SUMMARY North-South Sewer Interconnect PaRe 3 REVIEWED BY: Ronald F. Dillard, PE, Senior Project Manager Public Utilities Engineering Department DATE: BY: /~/' Roy/B. Anderson, PE, Director PuUlic Utilities Engineering Department DATE: // -2- APPROVED BY: Thomas G. Wides, Interim Administrator Public Utilities Division DATE: EXECUTIVE SUMMARY APPROVE EXPENDITURES IN EXCESS OF $25,000 ON STATE NEGOTIATED CONTRACT AND SOLE SOURCE TO PURCHASE SOFTWARE AND LICENSES FOR THE GIS PROJECT. THE TOTAL EXPENDITURE IS $210,073.61. OBJECTIVE: To purchase software for the GIS efforts for Collier County. CONSIDERATION: 1. To purchase software for the GIS efforts six (6) Arclnfo Floating Licenses for all participants of Collier County Government and two (2) ArcSDE Server licenses for SQL Server for the Utilities Engineering and Transportation Engineering Departments. The quote number is #20101037 from Environmental Systems Research Institute, Inc. (ESRI) and they are a sole source provider, the total purchase is $77,447.37. 2. To purchase ArcView 8.1, ArcGIS 8.1 Spatial Analyst and ArcGIS 8.1 3D Analyst software for Collier County GIS efforts. This software is available through ESRI only local reseller Wilson Miller, Inc. Quote #2001Q-110-003 and the total cost is $33,030.00. To purchase SQL Server Enterprise 2000 for the new servers being purchased for the GIS project. This software is required to setup databases on the servers and get the project kicked off. The product has been quoted from Software House International at $12,449.53 per processor there are two (2) processors on each server bringing the total to eight (8) processors and $99,596.24 from state contract #255-001-01-01, Quote #169659. FISCAL IMPACT: The funds are available in the GIS proj (01014) in Co-Wide CIP, If efforts to purchase any of the above listed items were to be deferred the project could not move forward. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board approve expenditures in excess of $25,000 on State Contract through Software House International; Local Reseller, Wilson Miller, Inc. and Sole Source Environmental Systems Research Institute, Inc. 5/ :~/-'." SUBMITTED BY:, /}Ill/fig //// Date: ./?' Tammy Smith, Client Systems Sup~rt Manager. REVIEWED By: .ff-~~v ~ ~,~i, '~5//~ Date: St eye C a'e U' Pu rcha~n~/de neraiXe~'~ i["~'~er~' APPROVED BY: '~~. ~~) Date: Thomas G. Wides, Interim Public Utilities Administrator AGENDA ITEM DEC 11 2001 Wi/sonMi//er WilsonMiller, Inc. GIS Division 3200 Bailey Lane. Suite 200 Naples. FL 34105 Phone: (941 ) 649-4040 Fax: (941) 643-5716 Quotation No. 2001Q-I10-003 Quotation Date: Nov. 26. 2001 To: Collier County IT 2800 N Horseshoe Dr Naples. Florida 34104 Attention: Tamm,, Smith Phone: (941) 774-8372 Fax: (941)774-8811 QtyI Description I List Price I Discount I Cost Each I TotalCost 12 ArcView 8. I lbr Windows 2000 (concurrent) 2 ArcGIS 8. I Spatial Anal~st ArcGIS 8.1 3D Analxst S 2.800.00 S 550.00 S 2.250.00 5;27.000.00 S 2.250.00 S 400.00 53 1.850.00 5;3.700.00 S 2,500.00 S 450.00 S 2.050.00 S 2.050.00 Shippin,,: & Handlin,.z,_ Sales Tax (County is exempt from sales tax) S 20.00 S 280.00 S 0.00 S 0.00 TOTALQUOTE S 33.030.00 Notes: We xx ill order the soflx~ are upon receipt ot' a Countx Purchase Order. ESRliscurrentlx shipping the ArcViex~ soft~are x~ithin 5-I0 business da;s t¥om receipt of order. Concurrent licenses ma'. be installed on an unlimited number ot'x~ orkstations, and is limited to the number of licenses for concurrent users. Bx': \Villiam x. Vaher. (SIS Manager Subject to ESRI terms and conditions on attached sheet. DEC I 1 2001 PG. ESRI: Reseller Locator - Search Result Page 1 of 2 -'-' ESRI Reseller Program Reseller(s) located within 25 miles of 2800 North Horseshoe Drive Click the ma O:lde tn L-k~te PI'o' E _-%----- I1 ,z :e Pk'~,1 ~ Identil c Pan c Zoom Zoom C Legend · Your Locatim Selected Res · Re~ellers Use the browser's scroll bars to view the resellers listed below. Return to Re Locator PE Company Distance Phone Address Vertical Market (s) Specialty(s) F 941- Wilson ' - 1.93miles 649- Miller.Inc 4040 http://maps.esri.corrffscripts/esrimap.dll 32O0 Bailey Ln Ste 200, Naples, FL, 34105- 8522 GIS Services; A/E/C; EnvJronmental/HazMat; Transportation; Water/Wastewater; Local/Federal Government GIS Consulting; Civil Engineering; Environmental Consulting; Transport/Planning; Water/Wastewater; Local Government Al G Al Ir A~ Al SI A~ Al A~ M D, M W A~ A~ N, A~ A~ A~ A~ G DEC 1 1 2001 ~1/3o/~o] ESRI.: Reseller Locator - Search Result Page 2 of 2 Company Distance Phone 941- Wilson 1.93miles 649- Miller ~[nc 4040 Address 3200 Bailey Ln Ste 200, Naples, FL, 34105- 8522 Vertical Market (s) GIS Services; A/E/C; Environmental/HazMat; Transportation; Water/Wastewater; Local/Federal Government Specialty(s) GIS Consulting; Civil Engineering; Environmental Consulting; Transport/Planning; Water/Wastewater; Local Government Al 2[ Al G Al Ir Al Al SI Al Al M D M W A~ Al N, Al Al G Al S1 A~ SI 2( http://maps.esri.com/scripts/esrimap.dll AGENDA IT£HI NO. DEC 1 1 2001 11/~,9/01 THU 11:45 FAX 1 704 541 7620 ESRI CHARLOTTE ~ 001 TO: FROM: DATE: SUB J: Environmental Systems Research Institute, Inc. 8000 Corporate Center Drive, Suite 111 Charlotte, NC 28226-4462 Phone: 7114.54~-98~0 x-S~Y'/ Fs.x: 704-541-7~2B Fax Message Will Walter Holly William~ November 29, 2001 Quote for Collier County 941-643-5716 Here is the revised quote!! Hope you're having a good day!! AG£NOA ITEM DEC 1 1 2OOl 11/2~/01 THU 11:45 FAX 1 704 541 7620 ESRI CHARLOTTE ~002 P"~/IRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. .I Inc. 8000 Corporate Center Suite 111 Charlotte, NC 28226-4462 Phone: 704.541-9810 Fax: 704-541-7620 Quotation # 20101037 Date; November 27, 2001 Customer # 148567 Contract COUNTY OF COLLIER INFORMATION SYSTEMS DEPT 3301 TAMIAMI TRAIL E NAPLES, FL 34112 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 11/2712001 to 2125/2002 ATTENTION: TAMI SMITH PHONE: 941-774-8372 FAX: 941-774-8811 Material Qty Description Unit Price 52382 6 Arclnfo Floating License 9,900.00 86443 2 ArcSDE Server with Processor for ~ '~- &~- 9,000.00 Server Includes License for one Server and up to 2 Processors and five Read & Wdte Connec Tota~ 59,400.00 18,000.00 Items Total Subtotal Discount Estimated Shipping & Handling (Surface Delivery) (:) Final amount 77,400.00 77,400.00 47.37 S 77,447.37 The followfng items are optional items listed for your convenience. These items are not Included in ~he totals of this quotation. By: Ext: WILLIAMSH Rob Hofmann Email: rhofmann(~esri.com This Quotation is made in confidence for your review only. It may not be disclosed to third parties. (1) Final Arno unt does not Illclude applicable sales tax. If sending remittance, please address to: ESR/, File No. 54630, Los Angeles, Subject to other terms and conditions or] attached sheet(s) 11-30-2ffiI '.Nt. JV-.SULUI .I-~[ A:SAPM FP, OM COLLIER INFO TECH 941 774 8811 P. 1 FAX ~'v~e, MORANuUM DATE: Novemt~r ~O. Zg01 TO: FA.X: 95, 1.77.a.g81 I FROM: Lucy Tir~Jl. ESKI C~"t$ l~pt. Of A~Jnfo ~d ~SDE ~e. ~RI is ~ ~ ~ ~ ~c ~ch~ Of A~ ~ J~c~s in Sinccr~l)'. Lucy Tir,~ll .o. ,~ ~ DEC 1 1 2001 .o. 7 · SH'I Quote # 169659 SHI software house international Collier County Gary Mullee Phone: 941-213-5870 Fax: Page 1 of 1 Pricing Proposal Quotation #: 169659 Quote Valid Until: 12/28/2001 SHI Account Exec Jacob Williams 2 Riverview Drive Somerset, NJ 08873 Phone: 1-800-543-0432 Fax: 732-868-6055 All Pdces are in US Dollar (USD) Product Qty Retail Your Price Total SQL Server Enterprise 2000 I Processor License English - License Only Mfg Part#: 810-00945 Note: License Only 8 15,014.00 12,449.53 99,596.24 Total 99,596.24 Additional Comments "Disk not included Microsoft Contrac~ 255-001-01-01 Thank you for choosing SHI. EXECUTIVE SUMMARY AWARD BID NO. 01-~306 FOR THE PURCHASE OF BACKFLOWIFIRE LINE METERS OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 01-3306 to U.S. Filter Distribution for the purchase of fire line meters with backflow devices. CONSIDERATIONS: The fire lines located within the Pelican Bay Subdivision are currently fed by water from the effluent water system. A Capital Project was developed and approved by the Board of County Commissioners to relocate all fire lines from the etTluent water system to the potable water syste~,,~provide increased reliability of the fire system within this area. In order to accomplish the relocation, new fire line meters and backflow devices are required to be purchased and installed. Bid No. 01-3306 is for the purchase of these devices. A total of three bids were received, with the low bidder being U.S. Filter Distribution. FISCAL IMPACT: The fiscal impact of this purchase is for an estimated $314,171, with funding available in the Wastewater Capital Fund (414) under project number 74023 (Pelican Bay Fire & Irrigation). Actual expenditures will depend on the total number of devices required to complete the project. The source of funding for this project is user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact with the awarding of this bid. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 01-3306 to U.S. Filter Distribution for the purchase of fire line meters with backflow devices. SUBMITrED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Thomas Wides, Interim Public Utilities Division Administrator DEC I 1 2001 EXECUTIVE SUMMARY,,, AWARD BID NO. 02-3307 TO SEVERN TRENT-AVATAR UTILITY SERVICES, LLC, FOR THE INSTALLATION OF AN AUTOMATIC READ METER SYSTEM OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, authorize the award of Bid No. 02-3307 to Severn Trent-Avatar Utility Services, LLC, for the installation of' automatic read meter system. CONSIDERATIONS: In fiscal year 1999 - 2000, the Collier County Water District began switching all manually read meters to automatic read meters. The change out of the existing 35,000 meters is being completed at the Board's direction with a combination of resources, including County labor and outside contractors. Bid No. 02-3307 was developed to select one vendor to provide the labor to assist with the retrofitting of'the existing meters. Bid No. 02-3307 was sent to 107 vendors, with six responses. The low bidder is Severn Trent- Avatar. Staff has reviewed the bid submittal from Severn Trent and found the bid to be acceptable and recommends award to this Company. FISCAL IMPACT: The fiscal impact o£ this purchase is in the estimated amount of $317,150, but will depend upon the number of meters retrofitted by the Contractor. Funds are available in the Water Capital Projects Fund (412)under Project Number 70076 (Automatic Meter Reading System Installation). The source of the funds is Water User Fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact in the award of this bid. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District award the bid for the installation of the automatic reading system to Severn Trent-Avatar Utility Services, LLC. Pamela Lib.by, Distri3~'ffon S~[pervisor Steve Camell, Purchasing D~recto ~h/omas Wides, Interim Public Utilities Administrator DEC 1 2001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING CARRY FORWARD FOR THE LIVINGSTON ROAD WATER MAIN FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD, PROJECT 70039. OBJECTIVE: That the Board of County Commissioners approve a budget amendment that will allow unexpended funds in FY 01 (Project 70039 Livingston Road Water Main) Fund 411 to be carried forward and reappropriated in this project. CONSIDERATIONS: Funds were appropriated in FY 2001 for the Livingston Road Water Main Project in the Water Impact Fee Fund 411. The funds were not encumbered before the end of the fiscal year. FISCAL IMPACT: A budget amendment will be needed to recognize the carry forward in the amount of $270,000 that will be appropriated in the Water Impact Fee Fund 411, in project 70039 (Livingston Road Water Main from Golden Gate Parkway to Pine Ridge Road). A purchase order was issued to Better Roads Construction for this work using Transportation funds. This budget amendment will make funds available to modify the purchase order to reflect the correct funding sources. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment to recognize carry forward related to the Livingston Road Water Main from Golden Gate Parkway to Pine Ridge Road. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department Roy q. Anderson, P.E., Directo Public Utilities Engineering Department DATE: Thomas G. Wides, Interim Public Utilities Administrator N0. /~ ¢ 1'9 DEE I 20,3i BUDGET AMENDMENT REQUEST For BuRet]Finance Use Only BA# ...... o~, ~.O..~.~.. ........... ~e# ................................. BAR# .............................. A.P.H. Date ....................... FUND TITLE Water Impact Fee Date prepared: 11/16/01 Approved by BCC on ~-,//t/o t FUND NO. 411 Attach Executive Summary Item No. /4 ~ EXPENSE BUDGET DETAIL lCombined Water Capital Projects Cost Center Title 273511 Cost Center No. Livingston Road Ph I Project '~e 170039 IProject No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 763100 Improvements 270,000 0 270,000 General TOTAL 270,000 Cost Center Title Cost Center No. Project Title Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget TOTAL Reserves Cost Center Title REVENUE BUDGET DETAIL Cost Center No. Project Title I Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget ..Budget 489200 Carry Forward 270,000 (5,971,600) [5,701,600 TOTAL 270,000 EXPLANATION Why are funds needed? Funds are needed for the Livingston Road Phase 2 Water Main Improvements. Where are funds available? Funds are available in Fund 411, Carry Forward. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE EXECUTIVE SUMMARY APPROVE FDEP BEACH EROSION CONTROL PROGRAM PROJECT AGREEMENT FOR REIMBURSEMENT OF UP TO $1,285,040 OBJECTIVE: To obtain Board of County Commissioners approval of a project agreement with FDEP to reimburse the County for up to $1,285,040. CONSIDERATIONS: FDEP provides financial assistance to eligible governmental entities for beach erosion control. PUED staff submitted projects for consideration and this resultant project agreement formalized the budget that FDEP has set aside for Collier County. Each approved project is cost-shared up to a maximum of 50% based on the degree of public access and the range of percentages approved is from just under 27% to 50%. Approved projects include Annual Maintenance Renourishment (50,000 cubic yards per year for two years), Sand Search, Emergency Response Plan, Beach Monitoring, and Segmented Breakwater Design. FISCAL IMPACT: Funds will be deposited in the TDC - Beach Renourishment Fund (195). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve the project agreement, and 2) authorize the Chairman to execute the agreement after review by the County attorney. SUBMITTED BY: Date: ~ :4 ( '/ Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: Roe Anderson, P.E., Public Utilities Engineering D~rector Thomas G. Wides, Interim Public Utilities Administrator DEC, 11 2001 DEP Contract No. 01CO1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the ,,DEPARTMENT") and COLLIER COUNTY (hereinafter referred to as the "LOCAL SPONSOR") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Chapter 161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Erosion Control Program; and WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT PROJECT, (hereafter referred to as the pROJECT), as defined in Attachment "A", "Scope of Work", attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named ~ herein which are attached hereto and incorporated by reference. 2. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 3. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 4. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of the beach and dune system along approximately 8.5 miles of Gulf shoreline in Collier County. Project areas include Vanderbilt Beach (R22-R31), Parkshore (R50-R54), Naples (R58-R79), and Marco Island (R134-R139 and R142-R149). The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified below. It is understood and agreed that the Scope of Work shall include a project schedule as set forth in Attachment A. Written authorization to initiate each item must be obtained from the DEPARTMENT prior to the initiation of said item. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Project Agreement No. 01CO1, Page 1 of 6 BEC 11 2i301 PD. _~ 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: I State Eligible PROJECT Items Federal State Share Local Total Percentage Feasibility Study Marco Island Breakwaters L $0~ $25,000I 50% ] $25,000I $50,000 Design and Permitting Dune Restoration $0 -~000 50%* $6,000 $10,000 Vanderbilt Beach $0 $-~,798 43.73% $42,202 $75,000 Marco Island-South Segment $0 $-~,216 2~ $54,784 $75,000 Naples Sand Search - $0 $~310 ~ $165,690 $300,000 Emergenc~Response Plan $0 ~]360 ~]~ $92,640 $150,000 Const~ction Truck Haul ~ $0 $583,998 50%* $1,035,002 $1,619,000 Dune Restoration $0 $22,880 50%* $34,320 $57,200 Vanderbilt Beach $0 $196,785 43.73% $253,215 $450,000 Marco Island-South Segmen $0 $107,820 26.955% $292,180 $400,000 Countywide Monitoring ~ $0 $48,250 50% $48,250 $96,500 Project Monitoring $0 $9,007 50%* $15,993 $25,000 TOT~ $0 $1,285,040 2,147,660 $3,432,700 *50% cost share applied to applic~le PRO,CT eligibility as set forth in Paragraph 6. 6. The DEPARTMENT's financial obligation shall not exceed the sum of $1,285,040 fo this PROJECT. Further, the DEPARTMENT's share of the non-federal PROJECT cost, applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 1.1 and 4.1, 50%; Tasks 2.3 and 3.3, 43.73%; Tasks 2.4 and 3.4, 26.955%; Task 2.5, 44.77%; Task 2.6, 38.24%; Tasks 2.1, 2.2, 3.1, 3.2, and 4.2, shall be cost shared at 50% of the applicable PROJECT eligibility set forth in Attachment B. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amen~ents to this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT. The DEPARTMENT will not release funds for pa~ent until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 8. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment "B", "Funding Eligibility", attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT, defined as 5 years. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to rei~urse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT ..... 9. THIS PA~G~PH INTENTIONALLY LEFT BLANK DEC D~ ~o~ect Agreement ~o. O~CO~, ~age 2 o~ 6 10. As consideration for the eligible work performed by the LOCAL SPONSOR, not cost ~-~ared by the Federal government, if applicable, under the terms of this Agreement, the ?ARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, CAL SPONSOR on a cost reimbursement basis for ~ne nEPARTMENT agrees to compensate ~TALL~PoNSOR will submit a request for re~mbur~em~ ~ ~ - --:~- ~endered. The ~u~ o - ~ ,,~,, "payment Request Forms , contractual servxu~%_% ached hereto in Attacnmenn ~ '~. ~ ~- ........ ~e by the LOCAL of funds on such ~u ..... a~,, These forms shall be certlIl~ ~ ~~1 6fficer and more frequently t~an.q~a~=j_ ~- nd the L CAL SPONSOR'S Pro3ect ~nan~. ~__ onnu~'~ Pro4ect AcLm~nlstr=tor a - -~-~e The DEPARTMENT'S Contract Manager n=~ o=~,~? ~ ~_ ~ n PARTMENT as a paymen~ r~qu= suDmltte~ %0 u~ ~E · · ermine that the work has been accomplished ~n ei t of the billing ~o dst ........ nt prior to approving the. bi%ling days after ~ec P ms and conditions of th~ n~t~~u=~w ~hall disburse the lungs accordance with the ter the a ent request t~e u~r~n~'~ .... .-~ .......... ~. The for payment. U~.~P~P~r°~°~en (~)Ym~ercent which shall .b~,r%!as]%%,~%~=~e LOCAL due the LOCAL s~u"~y~j%~r each eligible PROJECT item s~.~/~ ~t%~lied with all cumulative amouQt rena~n=~ ~ tilled that the LOCAL SFO~Dum nj~ ~,~ .... ~ item ~n~c~p after t~e DEPARTMENT .ha~ cer ..... ~ +~e annlicable Scope ut ~or~ ~o= ~o~ the terms and conulu~u~o_~_=~ ~ ~ubmitted in sufficienu ueu=~ ~V~ -~__t ...... st be reimbursement requests_~n=~ ~_~ .... uests for payment to suDconsrauuu ...... . Ail ..... ~ .... heimDursum=nu ~ .... :~ntical to that requtre~ and post-auGlt ~=v~-i _~ ~nvoices with backup documentation substantiated by copies u= from the LOCAL SPONSOR. 11. Pursuant to Section 215.422, Florida Statutes, for work not cost shared by the Federal government, if applicable, the DEPARTMENT'S Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a LOCAL SPONSOR for correction(s) will result in a delay in ~the payment. A Vendor Ombudsman has been established within the Florida Department of anking and Finance who may be contacted if a LOCAL SPONSOR is experiencing problems in obtaining timely pa}~ent(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. . · 422. Florida Statutes, the DEPARTMENT shall pay 12. in accordance with Section 215-=_~ed b,, Section 55 03(1), Florida Statutes the LOCAL SPONSOR, interest at a ra~e~%s .... ent of an invoice is not lss,ued wlth~n_~o~ on the unpa~ m==~g~i~t of a correct invoice and re~%ipn,~ ?n_~=~ e~forced unless a LOCAL (40) days at~er ru w .... ~ ~=== than ~1 wi±± no= goods and services. Interest paymen~ u= SPONSOR requests payment. The interest rate established pursuant to Section 55.03(1) Florida Statutes, may be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT'S Contracts Section at 850/922-5942. 13. The LOCAL SPONSOR shall submit to the DEPARTMENT quarterly progress reports, financial reports, and updates to project schedules, for the duration of this Agreement. Reports shall be submitted on such forms as attached hereto in Attachment "D", "Quarterly Progress Report" and ,,Quarterly Financial Report", no later than January 15, April 15, July 15, and October 15, of each year in which the project is underway. Progress report~ shall describe the work performed since the last report and the percent completion of the task. Financial reports shall be consistent with progress reports. · he PR T, LOCAL SPONSOR shall submit to .the 14. pon completion ?f t hereto as Attachment "E", DEPARTMENT a certificationUt %hhlq'> ion insoectio= will be ma e Completion Certification - .A ~ ~-^~mcT {~ m~rti led complete by the LOCAL SPONSOR. DEPARTMENT within 60 days after une ~mu ........... f - 15. This Agreement shall begin on the last date executed and end on November 1, ~,--. 2004. Pursuant to Section 161.101 (15), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 2001 shall be eligible for cost sharing by the DEPARTMENT ~: , m.', T~:.:~ DEP Project Agreement No. 01CO1, Page 3 of 6 Pg. 16. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 17. The LOCAL SPONSOR shall have in place quality assurance procedures that insure that proper quality control measures are incorporated into all work performed under the terms of this Agreement. 18. The provisions of Chapter 62B-36, Florida Administrative Code, entitled Florida Beach Erosion Control Assistance Program, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The DEPARTMENT's Project Manager for all technical matters is Phil Flood, and the Department's Contract Manager for all administrative matters is C. Tony Tucker, or their successor. All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Rona!d Hovell Collier County Government Center 3301 Tamiami Trail Naples, FL 33962 (941) 530-5342 DEPARTMENT C. Tony Tucker, Contract Manager Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262 23. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 25. In addition to the requirements of Paragraph 24 of this Agreement, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment "F", Spec' Audit Reauirements, attached hereto and incorporated herein by reference_~~_Exhibit riz~s the fundin sources supporting the Agreement for purposes jofNa%~~i~n~-- summa g ....... 1 ' ed--co f LOCAL SPONSOR in complying w~th the requirements of Attachment F . re~ ~--q~ 16 ~ I~:~ PEP Project Agreement No. 01CO1, Page 4 of 6 ~C J ] . OCAL SPONSOR for each amendment which authorizes ~ Exhibit "1" must be provided t~;h~h~ LOCAL SPONSOR fails to receive, a rev~_e~%P~st°~ funding increase or decrease. ~ -.~ ~- ~P~TM~NT's Contract Manager ~o ~q Exhibit "1", the LOCAL SPONSOR shall noslry Ln~ ~= ......... ~-~y of the updated information- .. 'th Section 216.347, Florida Statutes, the LOCAL SPONSOR is 26. In accordance, wi ........ ~ ~ ' A~reement for the purposes of lobbying hereby prohibited from using runu~ ~ ....... ~ this ~ the Legislature, the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon county, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 30. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its is not required to pay any taxes on the services or goods purchased under the sovereignty, terms of this Agreement. 31. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of ~the parties hereto. · rounds' of race, creed, color, national origin, age, sex, or 32. No person, on ?h~ ? ..... artici~ation in; be denied uhe. proceeds ~r benefits di~ bility, shall be exc±uGe . .. ~ ...... ~ 4~ ~erformance of th~s Agreemens. ~f;aor be otherwise subjected 5o Glscr~m~n~u ....... ~ 33. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Contract Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. s and re resents that it is self-funded for liability 35. The LOCAL.SPONSOR ~~e underP Florida Law, and that such self-ins~a~~ a ro rlase an~ ~lxu-~ , servan~ ~ ~nC~;ote~io~ applicable to the LOCAL. SPONSOR s off~cer~, ~?Y~;~SOR agents while acting within the scope of their employment with the ~ubn~ · 36. The purchase of non-expendable equipment costing $1,000 or more ~s not authorized under the terms and conditions of this Agreement. DEP Project Agreement No. 01CO1, Page 5 of 6 No 'O (L ";:-- .__,~J~___ DEC 11 2001 p~. /~ EPARTMENT may at any time, by written order designated to be a change 37. The D .............. 1 sco~e of this Agreement (e.g., an e in the work within =n~ 9=n=a= ~ order, make any ch g ........... ~ ~rmance requirements, etc.). Ail change specifications, time, .- n ......... ~ ^~ ~h ~rties as evidenced in writing. An,' orders are subject to the musua± ugi==~=~u ~ ~.. ~ change order which causes an increase or decrease in the LOCAL SPONSOR's cost or tim shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 39. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. COLLIER COUNTY DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Commission Chair Date: By: Secretary or designee Date: D~'P contact Manage APPROVED AS TO FORM AND LEGALITY: DEP Attorney *If someone other than the Commission Chair signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the County must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Description (include number of pages) DEP Project Agreement No. 01CO1, Page 6 of 6 Scope of Work (2 pages) Funding Eligibility (6 pages) Payment Request Forms (2 pages) Progress and Financial Reporting Forms (2 pages) Project Completion Certification (1 page) ~-' ~--~'~7'~ Special Audit Requirements (5 pages) iN0.~~ .... ATTACHMENT A SCOPE OF WORK Collier County Beach Nourishment Project The PROJECT consists of the restoration and maintenance of the beach and dune system along approximately 8.5 miles of Gulf shoreline in Collier County. Project areas include Vanderbilt Beach {R22-R31), Parkshore (R50-R54), Naples (R58-R79), and Marco Island (R134- R139 and R142-R149). The PROJECT shall be conducted in accordance with the terms and conditions set forth under any and all permits related to this project, and will consist of the tasks described below. Task 1.0 Feasibility Study Conduct studies necessary to determine the feasibility and necessity of modifications to the breakwaters constructed at the south end of Marco Island. investigations shall include, but may not be limited to, the following: hydrodynamic modeling; surveying and mapping; coastal engineering analysis; and plan formulation. Task 2.0 Task 3.0 Task 4.0 Engineering, Permitting, and Design Professional services required for the preparation of plans and specifications. These services may include: design and permitting activities associated with the truck haul, dune restoration efforts, and maintenance nourishment; the development of an emergency response plan for the project area, including the longterm permitting for plan implementation and preparation of an advance bid package; and a sand search investigation. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Two copies of the sand search report shall be provided to the Department upon completion of the reports. Construction Work performed and costs incurred associated with the truck haul, dune restoration efforts and maintenance nourishment. Eligible costs include mobilization, demobilization, beach fill, tilling, and other construction and permit required activities necessary to implement the project. A detailed description of construction methods, specifications, and timelines, must be submitted to the Department and approved in writing prior to initiation of construction activities. Construction shall be conducted in accordance with any and all permits issued by the Department. Monitoring A monitoring plan shall be developed consistent with the requirements specified in any and all permits issued by the Department. The plan may consist of: 1. topographic and bathymetric profile surveys, 2. bathymetric surveys of the borrow area, 3. post construction sediment samples, 4. marine turtle nesting activity, and 5. compaction surveys. The monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area. i___ A.d~u.~.D~.,!,~,~.~' Attachment A, DEP Project Agreement No. O1CO1, Page i of 2 Project Deliverables A. Bo Reports - Unless otherwise noted above, five copies of all written reports developed under this Agreement shall be forwarded to the Department upon completion of the project. Additional Data - Two sets of all data (i.e., aerial photography, survey data, etc.) developed as a result of this Agreement shall be provided to the Department upon completion of the project. Co Do Schedules - Project schedules shall be submitted concurrently with quarterly progress reports and shall be provided in .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. A copy of the Bids and construction contract, including a detailed scope of work, shall be submitted to the DEPARTMENT prior to initiation of any task. Data Development All data developed as a result of this Agreement shall be developed in accordance with standard formats acceptable to the Department. Survey work to be performed shall meet the minimum technical standards for surveys in accordance with Chapter 61G-17, Florida Administrative Code. All monumentation set or points of origin established shall be based upon those control markers designated on th most recently recorded legal description of the Coastal Construction Control Line, excep. that any First or Second Order federal or state horizontal control marker may be used to establish or confirm position and direction and any First, Second, or Third Order federal or state vertical control marker shall be used to establish or confirm elevation. G.P.S., Traverse, and Level Loop information shall be adjusted by Compass, Crandell, or Least Square Method. Detailed field notes and computation records shall be kept of the survey and copies shall be made available to the Department upon request. Abstracts of all monumentation or points of origin shall be submitted in digital form and contain at a minimum all field requirements for the Department's Monument Information Tracking System. Ail profile data shall be submitted in digital form and conform to the standard formats acceptable to the Department. All information submitted shall also be in electronic format, and shall be based on the 1983/1990 North American Datum and State Plane Coordinate system. This information shall be submitted in a .DXF format. Attachment A, DEP Project Agreement No. 01CO1, Page 2 of 2 ATTACHMENT B FUNDING ELIGIBILITY COLLIEK COUNTY BEACH NOURISHMENT pKOJECT Vanderb~t Beach Segment Project Boundary: 350' south orR22 to 110' north of R_31 Approximate Shoreline Len~h: 8,735' Public Access De[nor-Wiggins State Recreation Area* Vanderbilt Beach Road* On-site Adjacent Total Spaces Spaces Spaces 340 0 340 149 18 167 *Primary beach access containing a minimum of I00 parking spaces and public restroorns. Qualifying Hotels_ La Playa Qualifying Shoreline. 360' Area determined to be publicly accessibl_e 3~50' south of R22 to 150' north ofT25 R26 to 110' north of R31 Total Len~h 2,640' 5,000' Total eligible shoreline length: 7,640' Total project shoreline len~h: 8,735' Percent eligible for State funding: 87.46% 1 of 6 Attachment B, DEP Project Agreement No. 01CO1, Page FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Parkshore Segment Project Boundary: 400' north ofT50 to 390' south ofT54 Approximate Shoreline Length: 5,130' TOTAL On-site Parking Spaces Public Access Public Permit Total Horizon Way 28 14 42 Velada Way 27 10 37 Adjacent Spaces 0 0 Eli~ble Spaces. 28 27 Area determined to be publictv accessible 160' south ofT51 to 240' south ofT54 Total Len~h 3,094' Total eligible shoreline length: 3,094' Total project shoreline len~h: 5,130' Percent eligible for State funding: 60.31% Attachment B, DEP Project Agreement No. 01CO1, Page 2 of 6 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHN~NT pROJECT Naples Segment Project Boundary: 1,500' north of R58 to R79 Approximate Shoreline Length: 19,460' Public Access Lowdermilk Park 8~h Avenue North 7th Avenue North North Lake Avenue 6th Avenue North 5'h Avenue North 4th Avenue North ,-, rd _~ Avenue North 2nd Avenue North 1~ Avenue North Central Drive 1~ Avenue South 2nd Avenue South -~ rd .~ Avenue South 4th Avenue South 5th Avenue South 6th Avenue South 7th Avenue South 8th Avenue South 9th Avenue South 10t~ Avenue South 11th Avenue South Broad Avenue 12th Avenue South* 13th Avenue South 14th Avenue South 15th Avenue South 16th Avenue South 17th Avenue South 18th Avenue South 19~h Avenue South** '-' 21~ Avenue South On-site Parking Spaces Public Permit 52 162 21 0 10 2 19 18 6 4 0 0 11 4 10 4 12 4 11 6 8 4 5 11 7 4 8 6 10 5 21 0 4 8 10 6 6 5 11 4 15 6 8 5 20 0 4 0 22 0 16 14 10 8 16 13 7 3 12 13 0 0 0 0 Total Adjacent Parking Spaces Public Permit 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 15 0 0 0 0 0 0 0 0 0 0 0 0 28 0 103 0 9 0 0 0 6 0 4 0 5 0 14 0 0 0 0 73 Eligible Spaces 52 21 10 19 6 0 11 10 12 11 8 5 7 8 10 41 4 10 6 11 15 8 48 107 31 16 16 20 12 26 0 0 *Primary beach access containing a minimum of l00 parking spac~es an.d~tPhu.blic res~o__o...r~, r~r-,- , --- ' ..... ," --' .......... in" 3 s'"~'lus s,,aces from i~ Avenue ~ou~t. u~'~ i I 2~30 **Qualifies soutnem too oxpro.lect mca ua ~ "'v r [ Attachment B, DEP Project Agreement No. 01CO1, Page 3 o[ ~ I~ Qualifvino. Hotels_ Edgewater Motel Qualifying Shoreline 265' Area determined to be publicly accessible R59 to R79 Total Lenffth 17,425' Total eligible shoreline length: 17,425' Total project shoreline length: 19,460' Percent eligible for State funding: 89.54% Attachment B, DEP Project Agreement No. 01CO1, Page 4 of. 6 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHN~NT pRO3ECT Marco Island, Central Segment Project Boundary: 390' south of R134 to 380' south of R139 Approximate Shoreline Length: 5,020' On-site S_paces_ Public Access 100+ Tiger Tail Park* *Primary beach access containing a minimum of 100 parking spaces and public restrooms. ~o be ubliclv accessible 390' south of R134 to 225' north of R137 Total Lenoth 2640' Total eligible shoreline length: 2,640' Total project shoreline length: 5,020' Percent eli~ble for State funding: 52.59% Attachment B, DEP Project Agreement No. 01CO1, Page 5 of 6 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Marco Island, South Segment Project Boundary: 330' south orR142 to 940' south of R148 Appro 'ximate Shoreline Length: 6,530' Public Access Swallow Avenue On-site _Spaces 70 QualiNing Hotels_ Hilton Hotel Radisson Hotel ~ualifvino. Shoreline 510' 350' Area determined to be publicly accessibl_e 330' north orR144 to 500' north orR145 20' north orR146 to 780' south of R148 Total Length_ 860' 2,660' Total eligible shoreline length: 3,520' Total project shoreline length: 6,530' Percent eligible for State funding: 53.91% Attachment B, DEP Project Agreement No. 01CO1, Page 6 of 6 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIR°NMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I Name of Project: ~Cotlier County Beach Nourishment Projec~ Grantee: Collier Count~ DEP Contract Number: 01CO~ Billing Period: Billing Number: Costs Incurred This Payment Request Total Cost Contractual State Share Local Share Cost summary State Funds Obligated Less Previous Payment Less This Payment Less Retainage (10%) Less Previous Retained State Funds Remaining $1~285,040 Local Funds Obligated Less Previous Credits Less This Credit Local Funds Remaining $2,147,660 Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been in accordance with the Department of received; that the work and/or services are and Coastal System's approved Project Enviror~mental Protection, Bu~eau_°fL~?~?~? and that progress of the work and/or services Agreement including any amencments un~==U~e amount billed. are satisfactory and are consistent with Name of Project Administrator Signature of Project Administrator Date Name of Project Financial officer Attachment C, DEP Projedt Agreement No. 01CO1, Page Signature of Project Financial Officer' bate N e.___]~p__~_~z~- Name of Project: Grantee: Collier Count~ Billing Number: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART II Collier County Beach Nourishment Project DEP Contract Number: 01CO1 Billing Period: Summary of Invoices Date of Invoice Amount of Task Check Amount Invoice Number Invoice % Name of Vender Number Paid Vendor TOTAL $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto and are maintained as required to support the cost reported above and are available for audit upon request. Name of Proj. Administrator Signature of Project Administrator Date Name of Proj. Financial Officur Signature of Project Financial Officer Date Attachment C, DEP Project Agreement No. 01CO1, Page 2 of 2 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY PROGRESS REPORT Name of Project: Collier County Beach Nourishment Projec~ DEP Contract Number: Grantee: Collier County_ Quarterly Report Period: OlCO1 Status of Eligible Project Items: including statement(s) regarding percent of task completed to date. implementation problems encountered, if applicable.) (Describe progress accomplished during report period, Describe any 1.0 FEASIBILITY STUDY DESIGN AND PERMITTING 3.0 CONSTRUCTION 4.0 MONITORING Attachment D, DEP Project Agreement No. 01CO1, Page 1 of 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM QUARTERLY FINANCIAL REPORT Name of Project: Collier County Beach Nourishment Project Grantee: Collier Count~ DEP Contract Number: Quarterly Report Period: 01CO1 Project Expenditures Elicible Project Items Feasibility Study Design and Permitting Construction Monitoring TOTAL Costs Incurred Costs Incurred This Quarter to Date $ $ $ $ $ $ $ Total Funds Obligate~ $50,000 $735,000 $2,526,200 $121,500 S3,432,7 Attachment D, DEP Project Agreement No. 01CO1, Page 2 of 2 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: Collier County Beach Nourishment Project Grantee: Collier Count~ DEP Contract Number: 01CO1 I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date Attachment E, DEP Project Agreement No. 01CO1, Page 1 of 1 ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FD£P" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. M~NIT~RING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PA-~T I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be )aid from non- Federal funds (i.e., the cost of such an audit must be paid from recipient_~s, obtair from other than Federal entities). NO~'"L'i~'ii~jL~.__ Attachment F, DEP Project Agreement No. 01CO1, Page 1 of 5 The recipient may access information regarding the Catalog of Federal Domestic ssistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda- PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. nection with the audit requirements addressed in Part II, paragraph 1, the 2. In con ..... +~ ~udit comolies with the requirements of Section 215.97(7), recipient shall ensure ~ ~ Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. · · ds less than $300,000 in State awards in its fiscal year, an 3. If the reclplent expen ........ f Section 215 97, Florida Statutes, e with the provlslon~ u -' audit conducted_in~?cc°rd~Cthat the recipient expends less than $300,000.in_State not re uired. In %ne.ev~nu. . ~.= _~+~ ~n ~a dance wit~ the provl~ in itsqfiscal year an~ elects to have an auul~ ~o~u~= ...... cor of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's office of Planning and Budget located at ~ttp://wvm~.eog.state.fl.us/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website httD://w~.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website http://~jw, state.fl.us/audge~- PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SlIB14ISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: i Attachment F, DEP Project Agreement No. 01CO1, Page 2 of 5 A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd. MS %300 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d) (1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-!33, as revised, and any management letters issued by the auditor, to the Department o~ Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd. MS #300 Tal!ahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: C. Tony Tucker, Contract Manager Florida Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd. MS %300 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Attachment F, DEP Project Agreement No. 01CO1, Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Co Tony Tucker Contract Manager Florida Department of Environmental Protection office of Beaches and Coastal Systems 3900 Commonwealth Blvd. MS %300 Tallahassee, FL 32399-3000 Audit Director Florida Department of Environmental Protection office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 (specify appropriate number of years, should be at least three years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 (specify appropriate number of years, should be at least three years and be equivalent to the number of years identified above) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment F, DEP Project Agreement No. 01CO1, Page 4 of 5 C~ F~ Ft' 0 03 ('3 0 03 0 EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF FIRMS FOR CONTRACT # 01-3283 "BEACH CLEANING EQUIPMENT", BUDGET OF $40,000 OBJECTIVE: To obtain Board of County Commissioners approval of Committee's selection of a firm to supply beach cleaning equipment. CONSIDERATIONS: A Request for Proposal (RFP) was issued on September 7,2001 for suppliers of beach cleaning equipment. The scope of the RFP was for the purpose of establishing a one (1) year contract with three (3), one (1) year renewal options. Notices were sent to sixty-eight (68) firms with six (6) requesting full packages. Two (2) proposals were received on October 5, 2001. The Selection Committee met on October 12, 2001 and after review and discussion, by consensus of the members, the Selection Committee recommends contracting with the number one shortlisted firm to purchase of beach cleaning equipment. The shortlist is as follows: H. Barber & Sons, Inc. PG Greiner, Inc. Subsequent to posting the shortlist, a protest was filed by PG Greiner Inc. The Purchasing Director found that the Selection Committee acted within its purview and denied the protest. FISCAL IMPACT: The funding for each purchase order that is issued under the approved contract will come from the annual budget for the purchase of beach cleaning equipment. Funds are available in FY 02, in the amount of $40,000, from TDC - Beach Renourishment Fund (195). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners 1) approve the Committee's selection, 2) authorize staff to begin negotiations for a standard contract, and 3) authorize the Chairman to execute the standard County contract after review by the County attorney. //~~ ..~/L/~.¢ ~~ /?/~/~// SUBMITTED BY: ~ Date: Ron Hovell, P.E., Coastal Projects Manager REVmWED BY: . X~erson, P.E., Public Utilities Engineering DirectOr REV~WEDBY: ,~~ ?::35 ~~r[ p . ell ~General ServantS;ir c A mPROVEDBY: ~~~ Thomas G. Wides, Interim Public Utilities Administrator tcc i? DE(; I 12001 Nov OS O1 O~:3Gp Ge~e C . Greiner (P~i) 377-2103 p.1 PG GREINER INC. IMPORTEIL~ AND MANUFACTURERS' AGEN'i~ November 9, 2001 Purchasing Director Collier County Gover~.ment Purchasing Department Administrative Services Division 3301 East T.~rnl.qm~ Tlr~il Naples, FL 34112 Notice of Intend RFP # 01-3283- Beach Cleaning Equipment Dear 8ir/Madam: This is to advise you that our company intends to protest the recommended contract for a beach-cleaRing machine relative to the subject Request for Proposal. .¢ P.O. BOX 18881 * SARA$OTA~ FI. 342'76-1881 * TEL: (941) 3774039 FAX (941) 377-2103 * EMAIL: ggreiner6~home.com AG~NoA NO. _.~~ DEC 1 12001 PG._ , ,,,~ PG GREINER, INC. II~tPORTERS AND 1V[ANUFACTURERS) AGENTS Received Purchaslr~ any i ~ ~00! November 12, 2001 Purchasing Director Collier County Govern ment Purchasing Building 3301 East Tamiami Trail Naples, FL 34112 RFP # 01-3283 "Beach Cleaning Equipment" Protest Against Contract Award Recommendation Dear Sir/Madam: Further to our Notice of Intent of November 9, 2001 we herewith submit our formal protest against the contract award recommendation for the subject procurement. When comparing the total scoring points the selection committee members have allocated to the Barber 600HD and comparing that number with the total scoring points the BEACH TECH 2000 received, we feel that our proposal has been unjustly underrated and that we have been given an unfair ranking as a result of that. Operational Capabilities {30 Points} The equipment, which we proposed is in regard to the equipment properties called for in the RFP, either equal or better than the competing product. This has been documented in detail in the submitted technical specification. Nevertheless, the BEACH TECH 2000 was given a total of 97 points only while the competing product received 130 points, a nearly 40% higher score! P.O. Box-18881,* SARASOTA, FL 34276-1881 * TEL: (941) 377-1039 FAX (941) 377-2103 * EMmL:" ggreiner6~home.com AGE NQA lIEN NO. DEC 11 2001 PG GREINER, INC. IMPORTERS AND MANUFACTURERS' AGENTS - 2 - Cost to purchase, operate and maintain (15 points] Our company proposed a BEACH TECH 2000 beach cleaner for a price of $33.900.00. The competing product, a Barber 600HD was offered at $39.430.00. Although our price was better bv $5.530.00 we scored only 53 points while our competitor was awarded 59 points. It is hard to understand, why a product that was offered at a 20% lower price should be rated worse. This only makes sense if the County intended to encourage high bids. Deliverg (10 points). We believe this category should be eliminated in its entirety as we have been asked repeatedly by the County to delay the delivery of new equipment because the new tractor was not available or the new operator was not yet hired. Usually we deliver new,equipment within 30 days. Ease of Operation a_nd Maintenance (25 points) The BEACH TECH 2000 comes with all the features the RFP called for. Nevertheless, our company received a total of 80 points only while the competing product was given 107 points, a 35% better score! Furthermore, the RFP stated, that the availability of spare parts and the location of the parts warehouse would be taken into consideration. As Collier County Fleet/Parts called us for spare parts at-least 60 times during the last 6 years and 93% of all those parts orders were shipped out the same day, we believe, it. should be quite hard to find any better service elsewhere. Also the fact that-our parts warehouse is located in Sarasota County should - in our opinion - speak for our proposal. We cert_ajnly would like to know why we received such a low score. -- P.O. Box 18881 * SARASOTA, FT. 34276-1881 * TEL: (041) 377-1039 Fax (041) 377-2103 * EMAIL: ggreiner0~home.cozn AGIr F~OA 'I TC~I ~o. /6 c:.. DEC 1 I 2001 PG. ff--' , PG GREINER, INC. IMPORTERS AND MANUFACTLrRERS~' AGENTS - 3 Durability of un_it (20 points} In our letter of October 1, 2001, which accompanied our proposal, we pointed out the particular durability properties of our equipment by reminding the County of a BEACH TECH 3000 vehicle, which was delivered to Collier County in 1996 and which has clocked up some 11.000 operating hours so far. Considering the unusual amount of operating time and that the vehicle was exposed to quite some abuse during the post beach rebuilding years on Naples and Vanderbilt Beaches, that it is still in good operational condition and that the unit has been parked at the beach and its machinery hostile environment for the last six years, we believe that indeed we could not have a better "spokesman" for the durability of our equipment than the County's own BEACH TECH vehicle. The fact, that the BEACH TECH 2000 durability was rated some 40% less than the other competing vehicle (60 points versus 84 points) is indeed quite hard to understand and to accept. We are asking the County to take another look at the rating results and to~ review its award recommendation. We also would like to suggest scheduling a personal presentation in Naples, during which the equipment can be discussed in more detail. With kind regards, P.O. Box 18881 * SARASOT& FL 34276-1881 * TEL: (941) 377-1039 Fax (941) 377-2103 * EMX[L: gg~einer6~.home, com .0. / Clq, - DEC 11 2001 ,,.4- COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT Fax No. 941-377-2103 November 26, 2001 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (941) 774-8371 FAX (941) 732-0844 e-marl: stevecarnell@colhergov.net Mr. George C. Greiner, President PG Greiner, Inc. P.O. Box 18881 Sarasota FL 34726-1881 Re: Protest Decision, RFP 01-3283 (Beach Cleaning Equipment) Dear Mr. Greiner: I have reviewed your letter of November 9, 2001, protesting the recommended award of the referenced RFP to H. Barber & Sons, Inc. This effort has included analyzing the issues raised in your protest, reviewing the requirements of the published RFP, reviewing the written proposals and listening to the recorded deliberations of the selection committee. I have also spoken with the purchasing agent who chaired the committee. Your protest letter focused primarily on the published evaluation criteria utilized by the selection committee and how the committee members arrived at their individual scores regarding the Beach Tech 2000 product offered by your firm versus received by the Surf Rake Model 600 HD offered by the Barber firm. Before addressing the specific issues that were raised in the protest, it is important to note that I have reviewed the acquisition process and offer the following overview of how it was intended to work. The Public Utilities Division Coastal Projects Section desired to create a multi-year contract to acquire beach-cleaning equipment that was cost effective to acquire, own and operate. In order to find the best overall value, the Purchasing Department issued a Request for Proposals that would enable staff to consider vadous qualitative factors in selecting the best unit available as opposed to a more conventional sealed bid process, where the objective would be to award to the lowest qualified meeting a published set of specifications. The RFP disclosed the evaluation criteda and the relative weight that each cdtedon would be given during the scoring phase of the evaluation process. The scodng process is used to help each committee member to individually rank the proposals. However, the ultimate award decision is made by a consensus of the committee members (rather than by stdctly tallying the individual scores). AG£NDA "' IT£1~ DEC 1 1 2001 Mr. George Greiner November 26, 2001 Page 2 The following is a summary of the issues raised in the protest concerning the evaluation criteria and the individual committee member scores. Following each issue is a synopsis of the committee's comments made in their public deliberations of October 12, 2001 regarding each and is based in part on the County's direct experience with both the Beach Tech 2000 and Barber 600: 1) OPERATING CAPABILITIES OF THE EQUIPMENT. The protest contends that the Beach Tech 2000 is equal or better than the Barber Model 600. The technical specifications are referenced, but no specific information in support of this contention is offered. COMMITTEE: The Barber 600 is able to pick up large rocks on the beach that the Beach Tech 2000 is not. The Beach Tech tends to pick up relatively more sand and less debris than the Barber unit. 2) COST TO PURCHASE, OPERATE AND MAINTAIN. The protest notes that the purchase price for the Beach Tech 2000 is approximately $5,500 less than the Barber model and questions why the various committee members scored the Barber higher on this criterion. COMMITTEE: The first year maintenance costs for the Beach Tech 2000 were more than three times higher than for the Barber 600. Certain wear parts such, as the raking tines are three times more expensive to replace on the Beach Tech unit than the Barber unit. Also, Beach Tech parts tend to cost more due to overseas shipping charges. 3) DELIVERY TIME. The protest objects to the inclusion of this criterion in the evaluation given that the County has and may continue delay ordering due to funding issues/ COMMENT: This criterion was published in the RFP prior to proposals being submitted. The Purchasing Department received no objections regarding its inclusion in the evaluation process prior to the receipt of the protest. 4) EASE OF OPERATION AND MAINTENANCE AND DURABILITY OF UNIT. The protest references the actual performance of the Beach Tech 2000 on County beaches and questions how this unit was scored lower than the Barber unit on both of these criteria. COMMITTEE: The raking tines on the Beach Tech unit tend to break more frequently than the tines on the Barber unit, which are made of stainless steel. The operating chain on the Beach Tech needs more frequent adjustment and maintenance. On the subject of parts availability, one committee member commented that Greiner has generally performed well and George Greiner has been "super to work with". Nonetheless, the committee ultimately unanimously agreed that the Barber proposal was the best overall proposal and recommended award of the contract accordingly. NO. //,,c~ IC~ I DEC 11 2001 Mr. George Greiner November 26 2001 Page 3 Having reviewed the RFP document, including the scope of work and evaluation criteria, it is the finding of this office that the selection committee acted within its purview in selecting Barber as the best overall proposer. Therefore, it is the-decision of this office to deny the protest and move forward with award of RFP 01-3283 to H Barber & Sons inc. Under subsection XVIII.F of Collier County's purchasing policy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor files a subsequent written objection to the Purchasing Director within two business days of receipt of the decision. Hence, any subsequent written objection must be filed with this office not later than 5 P.M. on Wednesday, November 28, 2001. Sincerely, Steve Camell, Purchasing/General Services Director cc: Ron Hovell, Coastal Projects Manager Lyn Wood, Purchasing Agent DEC 11 2001 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE PROFESSIONAL SERVICE INDUSTRIES, INC. TO PERFORM CONTAMINATED SOIL CLEAN UP AT CAXAMBAS PARK Obiective: That the Board of County Commissioners approve a contract with Professional Service Industries, Inc. to perform environmental clean up at Caxambas Park. Consideration In 1995 a new 10,000 gallon double walled fiberglass tank was installed to replace the existing unleaded fuel tank at Caxambas Park. During the removal of the tank, contaminated soil was discovered. The Florida Department of Environmental Protection informed Collier County that a site assessment needed to be completed at the contamination site. The Parks and Recreation Department contracted with Professional Service Industries, Inc. to perform a site assessment, which produced a positive contamination report. The department submitted a remedial action plan to the State of Florida Department of Environmental Protection in June, 2001. The Department has received permission from the state to proceed with the proposed remedial action plan. The Department is requesting that Professional Service Industries, Inc. perform this remedial action at a cost of $100,027. Project objectives are as follows: To provide construction drawings, installation, system startup and nine months of monitoring. Professional Services Industries has a State Negotiated Agreement Price Schedule (SNAPS) #9731779- 1 which will be utilized as provided under Section XIII C of the Purchasing Policy. Fiscal Impact: Funds in the amount of $100,000 are budgeted for this project in fund 306. A budget amendment will be needed out of fund 306 reserves. Growth Management: Plan. Caxambas Park is inventoried in the Collier County Growth Management Recommendation: That the Board of County Commissioners approve Professional Service Industries, Inc. to perform environmental cleanup at Caxambas Park. DEC 11 2001 P_~_. Prepared ~ ~mith, Beach and Water ~uperintenaem P~/ud ReTeati° n.//~art meat Reviewed by: "/////~,q,~ l(/larl~ ~l;vig R~ey, D~ector Dep~ment of P~ks ~d RecreaU~ Reviewed by: .~~ ~' Steve C~e~, D~ctor hqsgDepOnent Approved by: jo~ D~~,ffc~~~~- ~ Public Services Ad~rator Date:///'- -~ - d// Date: Date: Date: /[~ 30-0/ UcC 1 1 001 pg. Information To Build On Engineering · Consulting · Testing November 6, 2001 Mr. Murdo Smith Beach and Water Superintendent Collier County Parks 3300 South Barbara Boulevard Naples, Florida 34116 RE: PROPOSAL FOR REMEDIAL SYSTEM INSTALLATION (REVISION 1) Collier County - TK Caxambas Park Marina DEP Facility No. 11/8626697 PSI Proposal No. 552-Gl137 Dear Mr. Smith: Professional Service Industries, Inc. (PSI) is pleased to submit this cost proposal for the installation and startup of the Remedial System approved by the Florida Department of Environmental Protection (FDEP) on October 2, 2001 for the above-referenced site. Thi,~ proposal includes the Scope of Services, estimated cost and schedule. The system installation and startup are required to be initiated within 120 days of receiving the Remedial Action Plan (RAP), approved by Rule 62-770.700(9), F.A.C. PROJECT OBJECTIVE The objective of this Scope of Services is to provide construction drawings, Remedial System installation, and system startup as outlined in the FDEP-approved RAP. SCOPE OF SERVICES PSI will provide the following Scope of Services to complete the project objectives. TASK 1: ~ PREPARE CONSTRUCTION DRAWINGS: PSI will utilize the information presented in the approved RAP to prepare construction drawings for this project. The RAP is a conceptual design document and typically, is[not / / BEC Professional Service Industries, Inc, · 5801 Benjamin Center Drive, Suite 112 · Tampa, FL 33634 · Phone 813/886-1075 · Fa~~4 Collier County - TK Remedial System Installation (Revision 1) PSI Proposal No. 552-Gl137 Caxambas Park Marina DEP Facility No. 11/8626697 Page 2 sufficient to construct the system. The construction drawings will be prepared such that building permits can be obtained and sufficient detail is provided for the installation of the design. REMEDIAL SYSTEM INSTALLATION PSI will construct the Remedial System as outlined in the approved RAP and details on the construction drawings. The installation will consist of the following major components. TASK 2 Submit and Obtain Building Permits - PSI is a Licensed General Contractor in Florida and will submit all necessary information required to obtain the appropriate permits from the local and state governments. Utility Locating - Prior to construction, PSI will obtain utility clearance through the No-Cuts Notification System and we will discuss and verify onsite utilities with the Facility Manager. PSI will request all drawings for the existing facility be available for review prior to construction. If existing utility drawings are not available, PSI will utilize local Utility Locating Services to determine locations of sub-surface utilities. Prepare Health and Safety Plan - PSI will prepare a site-specific Health and Safety Plan (HASP) outlining specific contaminants which may be encountered during construction and the level of Personal Protection Equipment (PPE) required for varied contaminant thresholds. The HASP will also provide Material Safety Data Sheets (MSDS) for the contaminants of concern and outline emergency procedures for all onsite personnel. Prior to mobilizing for construction, PSI will notify the local Fire Department and Police to inform them of the proposed construction and schedule. The HASP will require that all individuals working or overseeing the construction activities within the "work zone" read and sign the HASP Acknowledgement Form. TASK 3 Trenching and Piping - PSI will mobilize to the project site and begin the system installation by installing underground piping, recovery wells, and air sparge points. The Dual Phase Extraction (DPE) system selected for this project does not require electrical conduit at the extraction well heads. Agend,~ ! Collier County - TK Remedial System Installation (Revision 1) PSI Proposal No. 552-G1137 Caxambas Park Marina DEP Facility No. 11/8626697 Page 3 Three (3) vertical DPE wells will be installed to a maximum depth of six (6) feet below land surface (bls). The wells will be screened from three (3) to six (6) feet bls. The DPE wells will be installed on eleven (11) foot centers throughout the middle of the impacted areas. The DPE wells will be connected to the Remedial Treatment Compound via underground PVC piping. Based on the hydraulic conductivity and the screened interval of the DPE wells, the anticipated system flowrate will be 2 gallons per minute (gpm). However, the DPE system will be capable of extracting a maximum of 10 gallons per minute (gpm) of impacted groundwater and up to 75 cubic feet per minute (cfm) of impacted air. The DPE system will be capable of producing a maximum vacuum of 28.5 inches of mercury (HgV). The impacted groundwater will be transferred from the DEP knockout tank via a mono or progressive cavity style pump to an air stripper for treatment prior to discharge into the sanitary sewer system via an industrial wastewater discharge permit. The impacted air will be treated via a series of carbon canisters (Carbtrol Model G-1 or similar) before being discharged into the atmosphere. Air Sparging System - In order to provide maximum remediation to the impacted media, PSI proposes to augment the DPE system with Air Sparging. This will be accomplished by injecting compressed air into five (5) injection points at the locations surrounding the identified plume area. The five points will be installed to a depth of approximately 12 feet bls. This will allow them to effectively remediate an area from three (3) to six (6) feet bls which is where the approved CAR indicated that contaminated media is located. The injection wells will be constructed of l-inch diameter Sch. 40 PVC pipe and screened from 9 to 12 feet bls. The Air Sparging system will be capable of delivering a total of 15 cfm at 8 pounds per square inch (psi) of pressure. The system will be equipped with a heat exchanger/cooler if required and it's control system will be integrated into the DPE system's control system to shut down the sparging operations in case of DPE system failure. In order to maximize remediation efficiency, the sparging system will operate on a schedule of on for 4 hours and off 8 hours. Collier County - TK Remedial System Installation (Revision 1) PSI Proposal No. 552-Gl137 Caxambas Park Marina DEP Facility No. 11/8626697 Page 4 TASK 4 Remedial SyStem Compound -The Remedial System treatment compound will contain all process equipment and electrical connections. The compound will be surrounded by stockade-type fencing with locking access areas. The remedial equipment will be placed into a covered trailer and situated on-site. All process piping influent lines will terminate at the compound and the treated effluent will be connected to the existing sanitary sewer system. Remedial System Startup - The purpose of this task is to start and operate the system to check piping connections, electrical, mechanical, and fail safe operations. This task is the final check for the remedial system prior to full operation and requires the project engineer and the systems specialist to check and balance the system for optimum efficiency. Startup and Sampling - Prior to startup, PSI will sample the groundwater at the site for baseline parameters that will include, EPA Methods 8021 for Volatile Organic Compounds (VOCs), 8270 for Polyaromatic hydrocarbons (PAHs) and by laboratory method Florida Residual Petroleum Organics (FL-PRO) for Total Petroleum Hydrocarbons (TPH). The monitoring wells to be sampled will be MW-04 and MW-06 (source), and MW-01 and MW-02 (background). During the first two days of operation, PSi engineers will be onsite to collect system performance data, determine and make necessary system adjustments, evaluate dewatering effectiveness and evaluate soil gas extraction/exchange effectiveness in order to optimize the treatment system's air and water flows. PSI will also collect air and groundwater samples from the system's influents and effluents in order to insure compliance with applicable permits. The groundwater influents and effluents will be sampled for EPA Methods 8021 for VOCs, 8270 for PAHs and by laboratory method FL-PRO for TPH. The air effluent will be sampled by Method TO-18 for VOCs and TPH. The groundwater samples collected from the treatment system's effluent will be sent to the laboratory on 24-hour rush analysis to insure that the treatment system is meeting applicable discharge requirements. All sampling will be conducted in general accordance with PSI's FDEP approved CompQAP (No. 880374G). After system start-up, PSI will Collier County - TK Remedial System Installation (Revision 1) PSI Proposal No. 552-Gl137 Caxambas Park Marina DEP Facility No. 11/8626697 Page 5 conduct the scheduled sampling and maintenance as outlined in the approved RAP. TASK Prepare As-built Drawings - After the system is installed, PSI will prepare and submit record drawings (as-built drawings) of the treatment system within one hundred twenty (120) days of initiating operations of the active remediation system. These record drawings will be signed and sealed by a professional engineer. SCHEDULE PSI proposes to start Task 1 within five working days after authorization to proceed has been received. PSI will substantially complete the installation and startup within 30 to 45 days from Notice to Proceed. FEES It is proposed that the fee for performance of the outlined scope of services be determined on a per task basis as outlined on the attached Cost Estimate. Based on the scope of services outlined above, it is estimated that the total fee will be on the order of $100,000. Additional work required beyond this scope of services presented in this proposal, or as caused by factors beyond PSI's control, will be invoiced on a time and materials expense basis in accordance with the attached Fee Schedule. Additional work will not be performed without prior authorization. AUTHORIZATION If this proposal is acceptable to you, PSI will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of proposal authorization. LJr. C 1 I 2001 Collier County - TK Remedial System Installation (Revision 1) PSI Proposal No. 552-G1137 Caxambas Park Marina DEP Facility No. 11/8626697 Page 6 PSI appreciates the opportunity to propose on your project. After your review of this proposal, if you have any questions, please feel free to contact our office. The project will be immediately scheduled upon receipt of an executed Purchase Order. We look forward to working with you on this project. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Michael A. Hill, P.E. Project Engineer Donald R. Polanis, Jr. Vice President Florida Environmental Operations DRP:Ijs \~ S I_TAMPA\U SR\Shared\ENV',Proposals-01~552-G 1137.doc David A. Stedje, P.G., CHMM Environmental Department Manager Project Name: AUTHORIZATION/NOTICE TO PROCEED PSI PROPOSAL NO: 552-Gl137 Project Location. Purchase Order/Work Order No. (Verbal/Letter/PO): Project Contact: Phone Number:. Fax Number: Site Phone: Company Name: Address: INVOICING INFORMATION City, State, Zip: Attention: AUTHORIZATION Please execute and return a copy of this agreement (MUST BE COMPLETED AND EXECUTED PRIOR TO MOBILIZATION TO SITE) AGREED TO THIS DAY OF BY: TITLE: FIRM: SEE REVERSE FOR PSI's TERMS AND CONDITIONS I Agend~ Ire I GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. (hereinafter referred to as "PSi") shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by PSI as set forth in PSI's proposal. Client's acceptance thereof and these General Conditions. Additional work ordered b~, Clier:t shall also be subject to these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work on behalf of another. Cl:,ent represenls and warrants that it is the duty authorized agent of said part:,' for the purpose of orderin~ and directing said :',,ork. Unless other'.','ise stated in writing. Client assumes sole responsibility for determining wllether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose Client shall these General CoFditions to each and every third party to whom Client transmits any part of PSI's work FSI shall have no dut.f o~ obligation to any third pad7 greater than that set forth in PS posal. Client's acceptance thereof and these General Conditions. The ordering of work Irom PSL o~ the reliance on any of PSI's v.,ork, shall constitute acceptance of the terms of PSI s propos~ J these General Condition,s. regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site. materials a;~ '.'.ork performed b~.' FSI or others to be timelj and properl;' pe;fc,~med ~n accc~cance ':,'ith the plans, specifications and contract documents and PSrs recommendations. No claims for bss. da~ra~je or inju~,' sh,~ll be b, c~ght against PSi by Clienl or an; third party unless ,ql tests and inspec- tions have been so performed and unless PSFs recommendations have been followed. Che~t agrees to indemnify, defend and I',old PSI its office~s, emplo:,,ees and agents h,~rmless from a%' a;~d all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or FSI's rec- ommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act or omission of PSI. its officers, agents or em~ic:,'ees, subiect to the lim- itation contained in paragraph 9. 3. SCHEDULING OF WORK: The services set fodh in PSI's proposal and Client's acceptance will be accomplished in a timely, workmanlike and prolessional manner by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if, upon embarking upon its work, PSi is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSi. additional charges will be applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for PSi to perform the work. PSi shall take reasonable measures and precautions to minimize damage to the site and an:,, improvements located thereon as the result of its work or the use of its equipment: however, PSI has not included in its fee the cost of restoration of damage v;hich may occur, if Client desires or requires PSi to restore the site to its former condition, upon written request PSI will pedorm such additional work as is necessary to do so and Client agrees to pay to PSi for the cost. 5. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised PSI of any known or suspected hazardous materials, util t/lines and pollutants at an7 site at ':,,hich PSI is to do work hereunder, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits. Client agrees to defend, indemni~' and save PSI harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring v. ith respect to PSl's performance of its work and resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not re,eaied to PSi b:,' C!ient. 6. RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of constructi.:n FSI s',:,?J r'ot be responsi- ble for evaluating, reporting or affecting job conditions concerning health, safety' or welfare PSI's work or failure to perform same shall not ~n any way excuse an.., contra£'.or, subcor;tractor or sup- plier from performance of its work in accordance with the contract documents. PSI has no right or duty to stop the contractor's work 7. SAMPLE DISPOSAL: Unless otherv,'ise agreed in writing, test specimens or samples will be d~sposed immediately upon completion of the test. All drilling samples or specimens '.'.,i!l be disposed sixty (60) days after submission of PSrs repod. 8. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) da~,'s of its rece [:t Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30~ day period at the rate of eighteen (18) percent per annu':~ io~ the maximum inter- est rate permitted under app!icable lay.,), until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after sixt~,' (60! da,'s, including court costs a?d reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of lhis agreement, an,' pro'.~s,o~~ i}erern PSI ,.':ai,'es any rights to a mechanics' lien. or an:,' ~rovision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice '.'.!'e~e required. that PSi shall file a lien ,,':henever necessary to collect past due amounts. Failure to make payment wdhin 30 days of re,Dice shall constitute a release of PSi from an~,' and a! ¢'a!n:s :. h:h C',,,' 'ay have. whether in tort. contract or otherv,,ise, and whether known or unknown at the time. 9. WARRANTY: PSIS SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED tN ACCORDANCE WITH ITS PROPOSAL. CLIErJT S g£~ :FT-.:;CE THEREOF I r~-SE GENERAL CO~,~DIT]ONS. A~'JD WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIOhJAL SERVICES. PSi WILL USE THAT EE:2FEE OF CARE Ar JR, SKILL ORDINARILY EXERCISED UI'JDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARR,~I!TY IS tN LIEU OF ALL OT?ER WARRAfJTIES OR R?RESE!:TATIO[JS EITHER EXPRESS OR IMPL!ED. STATEMENTS MADE IN PSI F. EPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGf,"ENT AND ARE NOT TO EE COIJSTRUED AS REPRES?iTATiOi'JS OF FACT. SHOULD PSI OR A:'~Y OF iTS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK. CE TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRAfJTY REPRESENTATION OR CONTRACT. CLIENT. ALL PARTIES CLAIMING THROUGH CLIENT A~'4D ALL PARTIES CLAIMLIIG TO HAVE I,'J AfJY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXiM~JM AGGREGATE AMOUNT OF THE LIABILITY OF PSt. ITS OFFICERS. EMPLOYEES AND AGENTS SHALL BE LIMITED TO S25.000.00 OR THE TOTAL AMOUFJT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT. WHICHEVER AMOUNT IS GREATER. IN THE EVEftT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY. UPON WRITTEN REGUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSIS LIABILITY TO S250.000.00 OR THE AMOUNT OF Psrs FEE. WHICHEVER IS THE GREATER. BY AGREEING TO PAY PSi A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THiS CHARGE IS NOT TO BE COI'~- STRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE. BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. iN ANY EVENT. ATTORNEYS FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE. AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSI, ARISING FROM OR RELATED TO PSI'S WORK, MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER. 10. INDEMNI'I'~: Subject to the foregoing limitations, PSi agrees to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attor- ney's fees and court costs arising out of PSI's negligence to the extent of PSI's negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit, cause of action, claim or counterclaim against PSI, the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that PSi shall prevail in such suit. 11. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services per- formed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place PSrs files in order and.'or protect its professional reputation. 12. EMPLOYEES/WITNESS FEES: PSI's employees sha~l not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative costs and fees pursuant to PSI's then current fee schedule for PSi to respond to any subpoena Client agrees not to hire PSI's employees except through PSI. In the event Client hires a PSi employee. Client shall pay PSI an amount equal to one-half of the employee's annualized salary, witl~out PSi waiving other remedies it may have. 13. HAZARDOUS MATERIALS: Nothi~g contained v.,ithin this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, storer, transporter. treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollu- tants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. 14. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these ten. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions ~ 15. ENTIRE AGREEf,'IENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertckings agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. PSI B-900-11 (7) all be e~ Item ~ade ott~'~n as set forth her[in. ~fs Pg '/ ~98 Estimated Cost for Task 1 - Prepare Construction Drawings Labor Principal/Chief Engineer/Geologist Senior Engineer/Geologist/Scientist Facilities Specialist Project EngineedG eologist/Scientist Secretary/Administrative Assistant ~AutoCAD Hours Rate Cost Description 2 $ 95,00 $ 190.00 report review, planning 4 $ 95.00 $ 380.00 Project Management 4 $ 80.00 $ 320.00 Drawing review 10 $ 75.00 $ 750.00 Prepare Drawings 4 $ 35.00 $ 140.00 Specification Preperation 10 $ 35.00 $ 350.00 Pre~are Drawings $ 2,130.00 _...._....__-- _abor Total Reimbursables/Equipment Rental Vehicle-per day Survey Equipment - per day Reim bur sable/Equl p._...ment Total Unit Rate Cost 2 $ 75,00 $ 150.00 Site visit 1 $ 75.00 $ 75.00 Obtain relative elevations 1 $ 85.00 $ 85.00 $ 310.00 ~ Unit Rate Cost 0,00 Tota~ % admin. Fee $ ~,,440.00 ;ubcontractors/ODCs ~ubcontrac~ Total ~TOTAL: Notes/Assumptions: DEC 1,1 2001 Estimated Cost for Task 2 - Utility Clearance/Permit/HASP Labor Principal/Chief EngineedGeologist Senior Engineer/Geologist/Scientist Facilities Specialist Project Engineer/Geologist/Scientist Staff Eng./Geo./Scientist Sr. Environmental Field Technician Secretary/Administrative Assistant Drafting/AutoCAD Hours Rate 1 $ 125.00 $ 2 $ 95.00 $ 20 $ 85.00 $ 6 $ 75.00 $ $ 65.00 $ $ 50.00 $ 2 $ 35.00 $ 2 $ 35.00 $ LaborTotal Cost 125.00 190.00 1,700.00 450.00 70.00 70.00 2,605,00 Description Permit / HASP review Project Management Obtain permit/oversee utility Prepare HASP pprepare documents prepare drawings Reimbursables/Equipment Rental Vehicle-per day OVA/PID - per day Soil sample kits - per sample Plastic sheeting - per roll Level C PPE - per person/day Support Vehicle - per day Per Diem - per person/day Construction Supplies-lump sum estimate Permits-lump sum estimate Unit Rate $ 75.00 $ 105.00 $ 5.00 $ 150.00 $ 25.00 2 $ 50.00 2 $ 85.00 $ 2,000.00 1.00 $ 1,000,00 Cost $ $ $ $ $ $ 100.00 $ 170.00 $ $ 1,000.00 Oversight and obtaining permit actual cost will be invoiced Reimbursable/Equipment Total $ 1,270.00 ;ubcontractors/ODCs 'rivate Utility locating (if required) Subcontractor/ODC Total Unit Rate $ 450.00 Cost $ 450.00 $ 540.00 Total includes 20 % admin. Fee ESTIMATED TOTAL: $ 4,415.00 Notes/Assumptions: Labor hours for all personnel include travel time Agenda [}E(: } 2001 Estimated Cost for Task 3 - Trenching and Piping/Air Sparging System/Equipment Compound Labor Principal/Chief EngineedGeologist Senior EngineedGeologist,/Scientist Facilities Specialist Sr. Project Engineer/Geologist/Scientist Staff Eng./Geo./Scientist Sr. Facilities Technician Sr. Equipment Operator Facilities Specialist Specialist ~ector .abor Total Hours Rate Cost 2 $ 95.00 $ 190.00 8 $ 95.00 $ 760.00 75 $ 80.00 $ 6,000.00 10 $ 75.00 $ 750.00 5 $ 70.00 $ 350.00 75 $ 55.00 $ 4,125,00 75 $ 55.00 $ 4,125.00 9 $ 55.00 $ 495.00 9 $ 45.00 $ 405.00 $ 17,200.00 Description Senior Review Project Management Project Supervisor Equipment procurement/setup Equipment setup System installation System installation Equipment setup Field Oversight ,imbursableslEquipment OVA/PID - per day Survey kit, per week Plastic sheeting - per roll DPE Skid unit, per month Air Sparge Skid unit, per month Level C PPE - per person/day Generator 20KW, per day )artner saw, per day ~ackhoe, per day Stockade Fencing, per 6 fi. section Per Diem - per person/day Unit Rate Cost 5 $ 105.00 $ 52500 2 $ 225.00 $ 450.00 4 $ 150.00 $ 600.00 9 $ 2,500.00 $ 22,500.00 9 $ 1,000.00 $ 9,000.00 9 $ 2500 $ 225,00 5 $ 75.00 $ 375.00 5 $ 7500 $ 375.00 $ 75.00 $ 1 $ 550.00 $ 550.00 4 $ 150.00 $ 600.00 20 $ 85.00 $ 1,700.00 1 Construction ;urn estimate $ 1,00000 $ 1,000.00 ReimbursabtelEquipm ent Total $ 37,900.00 SubcontractorslODCs Unit Rate Cost required during trenching daily cover trench/contaminated soil monthly rental for 9 months monthly rental for 9 months 3 workers x 3 days Trench excavation,pad, misc. Stockade Fence 3 workers x 8 days Forms, Baricades, Lighting, fencing hardware etc. 1 $ 1,500.00 Electrician, lump sum Asphalt trench repair, per square yard 40 $ 36.00 Transportation non-hazardous Soil, per roll-off 1 $ 600.00 40 $ 8.00 Clean Backfill material, per CY Disposal Non-Hazardous Soil, per ton 10 $ 53.00 55-gallon FDOT Drum, each 5 $ 35.00 Saw cuttting, per foot 200 $ 315 ~PE Well installation/Air Sparge Points, lump sum 1 $ 4,500.00 1,500.00 1,440.00 600.00 320.00 530.00 Trench excavation (10-ton min.) 175.00 DPE Well installation 630.00 DPE Well installation 4,500.00 Drilling Notes/Assumptions: Labor hours for all personnel include travel time No road improvements, extensive site preparation, grading, or road improvements are required in order to accomplish the work. The Locations of all subsurface utilities will be supplied by the client. PSI is not responsible for damage or repair of unidentified utilities, The client will sign all waste manifests as generator. The work will be completed during standard working hours. Estimated Cost for Task 4- Remedial System Startup/O&M Labor Principal/Chief Engineer/Geologist Senior EngineedGeologist/Scientist Facilities Specialist Project Engineer/Geologist/Scientist Staff Enc, i./Geo./Scientist Hours Rate 1 $ 95.00 15 $ g5.00 60 $ 80.00 60 $ 75.00 $ 65.00 Cost $ 47.50 $ 1,425.00 $ 4,800.00 $ 4,500.00 $ Labor Total S 10,772.50 Description Senior Review Project Management Project Supervisor Equipment setup Equipment setup RelmbursablesJEqulpment DVA/PID - per day Support vehicle, per day Per Diem - per person/day Construction Supplies-lump sum estimate Reimbursable/Equipment Total Unit Rate 2 $ 105.00 12 $ 75.00 12 $ 85.00 1 $ 1,000.00 Cost $ 210.00 $ 900.00 $ 1,020.00 $ 1,000.00 $ 3,130.00 Misc. fittings, ~au~tes, Unit Rats Cost SubcontractorsJODCs Laboratory Analysis EPA Method 8021 22 $ 125.00 $ EPA Method 8270 22 $ 100.00 $ FL-Pro (TPH) 22 $ 125.00 $ TO-18 (TPH Air) 6 $ 125.00 $ TO-18/TPH Air) 6 $ 125.00 $ Subcontractor/CDC Total $ ESTIMATED TOTAL: $ 24,942.50 2,750.00 Baseline, Startup inf/effluent 2,200.00 Baseline, Startup inf/effiuent 2,750.00 Baseline, Startup inf/effluent 750.00 Startup inf/effluent 750.00 Stadup inf/effluent 11,040.00 Total Includes 20 % admin. Fee Notes~Assumptions: Labor hours for all personnel include travel time Laboratory analysis cost based on 24-hour rush turnaround for startup influent and efliuent. Baseline analysis based on standard turnaorund Agenda Item iJ c 1 1 2001 Pg,_ /,~ Attachment A PSi Proposal # 513-0107 Estimated Cost for Task 5 - Prepare As-built Drawings Labor Principal/Chief Engineer/Geologist Senior Engineer/Geologist/Scientist Facilities Specialist Project Engineer/Geologist/Scientist Secretary/Administrative Assistant ~AutoCAD Labor Total Hours Rate 2 $ 95.00 1 $ 95.00 6 $ 80.00 2 $ 75.00 1 $ 35.00 4 $ 35.0O Cost Description 190.00 Review and Seal Drawings 95.00 Project Manager 480.00 markup construction drawings . 150.00 markup construction drawings 35.00 clarical 140.00 ~ 1,090.00 Reimbursables/Equipment Support Vehicle - per day Per Diem -~ ~"~imb u r sab le/Eq uip. ment Total Unit Rate 2 $ 75.00 $ 3 $ 85.00 $ $ Cost 150.00 255.00 3 workers x 1 days 405.00 ;ubcontractors/ODCs S ubcontractor/O~tal ~TAL: Unit Rate Cost $ $ ~,495.00 Tota~ludes 20 % admin. Fee Notes/Assumptions: Agenda Item TASK DESCRIPTION AMOUNT $ 2,440.00 Task 1 Task I - Prepare Construction Drawings ..... Task 2 Task 2 - Utility Clearance/Permit/HASP $ 4,415.00 Task 3 Task 3 - Trenching and Piping/Air Sparging System/Equipment Compound $ 66,734.00 Task 4 Task 4 - Remedial System Startup and O&M $ 24,942.50 Task 5 Task 5 - Prepare As-built Drawings $ 1,495.00 TOTAL: $100,026.50 MAR-08-2001 13:56 FL STATE PURCHASING FLORIDA EPAFtTMENT OF ANAGEMENT' SERVICES JEB BUSH Governor NTHiA A. HENDERSON Secretary State Purchasing 4050 Esplanade Way Suite 350 Tallahassee, Florfda 32399.0950 Telephone: 850-4E8-8440 850-414-6122 IntemeC "" www. MyF/orida. corn, March g, 2001 · . Suite 325 Mr. Charles W. Davis, Jr.. " Professional Service Industries, Inc. 1675 Lee Road Winter Park, FL 32789 SUBJECT: SNAPS II Agreement ~731779-2 Title: Environmental Cons. uldng . Dear Mr. Dsvis:. · Enclosed is your copy of the approved renewal to the referenced SNAPS II agreement. Please review your agreement at http:l/fcn.state.fl.uslowa snaps/oWa/snaps www.rnenu.power search?head s tv-Power and let us know if the information is correct or if revisions are required. You are reminded of the General Condition entitled "Summary of Total Sales," that stipulates a summary of sales, made under this a~e&ment, must be furnished to the State Purchasing Office at the end of each quarter in the format specified in the agreement. Should you not make any sales during a quarter, a negative report must be submitted. Failure to submit a report will result in cancellation of your agreement. The due dates for your sales reports will be March 31, Iune 30, September 30 and December 31. We appreciate your participation in the SNAPS II Program, and if you have any questions, please call us at $50-413-0257 Or 850-487-4197. Yours truly, Owen Baker SNAPS Administrator GB:srt Enclosure I) DEC 1 't 2001 'o be completed by the Vendor ~I, tAPS II Title: Envi ronrnenta! Consulting vel One Period _No. :vel 'fwoPeriod .wel l'hree Perbd ~.vel Four Period_ 37-0962090 Federal Employment Identification or S.S. Number VendorName Professional Service Industries, Inc. Vendor Mailing Address ' State F1 art da 1675 Lee Road No. ~0. No. ' City · Zip-- ' Telephone Number · Internal Address ' Area to be Served q · SPURS No. F313962090-014 (407) 645-5560 Entire State of Florida Winter Park 32789 · Toll-Free Number ' E-mail Address charl es :davi S~psi usa. corn · FaxNumber (407) 645-1888 ' Warranty_ 1. PURPOSE: Under authority oF Section 287.042(1 )[a) and [2Jla), the purpose o1: this proposal is to estob[ish a negoti- ated agreement [:or commodities or services that are not available fi.om a State Term Contract· The agreement wilt asin. an o ortunity to evaluate, assess and determine the need, benel:it and value o[: commodities po~cs,,,ide State Purch g pp _ " rocess The agreement will ervkes, and the feasibility al: establishbg state term contracts, through the compeht ye p· · al: abtainin competitive quotations for a s~ngle purchase of commodities/services free ell ible users From the necessity . g . _,_'..LI ....... ~.,.,~ ~g omoetltive bidding processes ~,,~,-,lin~less than Category 11. The agreement does not exam? e,~,: .,-,~[,~ ,,. ....... e,,c , ~"~scri~ed in section 287.F.S. for commod~hes/serv~ces over the amoun~ or ~amgory, · doral a encies, counties, munidpaJffies, and insti~tions qualified pursuant to Eligible users are state agencm.s, fe g . .. · ..... -L.-t:n-. business related solely to the 240.605, P.S.; private non-pro'it community transporranon caoramarors ¢,~,~,,,., ~ Commission Jar the Transportation Disadvantaged quali[ied pursuant to 427 F.S. ' . The establishment o[: this agreement does not constitute an endorsement o[: the products ar services by State Purchasing. SNAPS !i agreements are not exclusive and other vendors may offer similar producls and services. U age al SNAPS II by state agencies is nat mandatory. Vendors and'agencies'using SI,lAPS !l have other purchasing a~ternatives available. These purchasing alternatives are detained in Chapter 287.F.S. · issue sin le urchase orders up to Category II, and total cumulatively up to ORDERING 'LIMITS, State agencies_m.~, g'~ P ..... :sitions durin,', the each year al: the agr.eeme.nt shall not CATEGORY IV in an agreement year. Iota/agency-w~ae acq,., ~ · amount [:or Cate. o iV, except that acquisitions by agencies with decentralized purchasing - .exceed the, th,r,e, shold., ~ __ ,t._ ~.~.~,4 ach ~urchasina office that maintatns full-hmo purchasmg staff. [-unctions s~on me canslaerea on ,u: ,.,,.,~,~ ,.,. e r ~ PRICES,, TEP-J~S AND PAYMENT: Firm prices shall be offered and include ail packing, handling, shipping charges and delivery unless otherwise indicated. The vendor's name and address shown an invoices must be identical to the vendor's name and address on the purchase order. · ' s not a' Federal Excise and Sales taxes on direct purchase_s o[: !angibte parse.hal ~ ia) Taxes. The State of Fbnda do,e.. ~ Y , - - ---~ ...... reement [arm This exe~ptiar~,f~lf~t~°tf!?IW "' hah num:~er on race or purchase ora~ u, ~ · roe . See tax exemp ' rovem nt o~:Ntm, te ownedrec · de[:inedinCha ter192, FiorldaStotutes. ! DEC ! 1 21lllltu'm property as , .... Z_ v-ndor shall be-;id upon submission o[: properly certi[:ied ,n~.~ce¥~ .t.~, p.u. rc~/o~r at 1 o[9 D~AI~'M~[T OF MANAGE~D~T SERVICES 4050 Esp!anade Way · Tallaha.tsee, Florida 3239%0950 2000 ' To~ MCGURK, SECRKI'^RY BUSH, GOVERNOR February 18, 2000 Suite 325 Mr. Charles W. Davis, Jr, Professional Service industries, Inc. 1675 Lee Road Winter Park, FL 32789 SUBJECT: SNAPS II #9731779-1 Title: Environmental Consulting Dear Mr. Davis: Enclosed is your copy of the executed State Negotiated Agreement Price Schedule (SNAPS II) form establishing 'an agreement between the State of Florida and your firm. Please review your agreement at http://fcn.state.fl.us/oraweb/owCsnaps www.menu.oower to determine if the online information is correct. If revisions are require~ please call one of the telephone numbers below. v..~, are reminded of the Special Condition in the agreement titled "Vendor Surcharge Fee and Summary of Total Sales", paragraph 6, h imposes a 6.5% Vendor Surcharge User Fee on sales from this agreement. After receipt of payment from the agreement purchases, all fees shall be paid no later than 15 days after the end of each calendar cmarte~r (March 31, June 30, September 30 and December 31). Amounts of $50 or less may be carried over to the next quarter and forwarded to the State of Florida when the cumulative amount for the quarters is $50 or greater. The Vendor Surcharge Fee and agreement number should be noted on the check and remitted to: State of Ftorida Department of Management Services P.O. Box 5438 '- Taltah ass ee, FL 32314-5438 A Vendor User Fee Report is enclosed for your reporting requirements and you may copy as needed. Should there be no sales during the quarter, a negative report must be submitted. Failure to comply with these requirements may result in the unilateral cancellation of your agreement by State Purchasing. Should you have any questions, please ceil 1,800,50,SNAPS (507.6277), 850.487,4197 or 413.0257: ! Gwen Baker ~"NAPS Administrator ~.. GG:srt Enclosure Agenda'Z, te.m'-..' /5 DEC 1 1 2001 EXECUTIVE SUMMARY REQUEST BY GARY D. LYTTON OF ROOKERY BAY ESTUARINE RESEARCH RESERVE TO USE COUNTY LANDS FOR TARPON BAY HYDROLOGIC RESTORATION PROJECT AND FOR THE COUNTY TO BE CO-APPLICANT ON PERMITTING FOR SOUTH FLORIDA WATER MANAGEMENT DISTRICT. Objective: For the Board of County Commissioners to authorize Rookery Bay Estuarine Research Reserve to utilize county lands for the Tarpon Bay Hydrologic Restoration project on the Isles of Capri, and to be co- applicant for the Environmental Resource Permit (ERP) as required by South Florida Water Management District as owner of said lands. Consideration: The Isles of Capri were once an archipelago located directly north of Marco Island, in south Collier County, Florida. In the 1950's, the islands which comprised the Isles of Capri were joined by land bridges to reflect their current configuration. The consolidation of the archipelago isolated Tarpon Bay hydrologically from waters to the west (Johnson Bay). Over time, this configuration has changed the characteristics of Tarpon Bay to more eutrophic conditions including high turbidity and low seagrass coverage. Additionally, manatees that frequented the area are now forced to travel south into the intercoastal water~vay when traveling between Tarpon Bay and adjacent aquatic preserve waters. With the support of Isles of Capri residents, Rookery Bay National Estuarine Research Reserve has acquired funding from the U.S. Fish and ~..-x.Vildlife Service to hydrologically reconnect Johnson Bay with Tarpon Bay by installing two large box culverts ~d constructing one bridge at selected locations where land now connects the islands. Rookery Bay Estuarine Research Reserve will be responsible for the maintenance of the installed structures. Mr. Lytton has requested that the Board of County Commissioners approve the use of county lands for the project and to be co-applicant for the ERP. The Permit Application is available for revie~v in the County Manager's Office. Growth Management: There is no Growth Management impact associated with this action. Fiscal Impact: The project is being funded by the Rookery Bay Estuarine Research Reserve. Recommendation: That the Board of County Commissioners authorize Rookery Bay Estuarine Research Reserve to utilize county lands for the Tarpon Bay Hydrologic Restoration project on the Isles of Capri, and to be co-applicant for the Environmental Resource Permit (ERP) as required by South Florida Water Management District as owner of said lands. DE[; 11 2001 Pre ared b C/~-,'"'*-~° ''~ P Y: .t),~ames ritzek, O~cr'ations Manager Department of Parks and ~Recrcatipfl Reviewed and / ',/17 ~,...,.,/~ ' t/]"j Approved by: [ l t, Edward Kant, ~t:((,/it 6ns Director Transportation Reviewed and Approved by: D Date: / ,/ Date: / / Reviewed and Approved by: Date: Ill I I I I I Agenda I~t em ~-.~, NO. /(v~/ ~ DEC 11 2001 EXECUTIVE SUMMARY AppRovE AN AGREEMENT FOR SALE AND PURCHASE TO PROVIDE FOR THE PURCHASE OF LOT 26 FOR USE AS A NEIGHBORHOOD PARK IN NAPLES PARK. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between Collier County and Daryl and Linda Schwalm. The Agreement is for the purchase of a 0.21-acre lot to be used as a neighborhood park in Naples Park. CONSIDERATIONS: During the Budget hearing on September 6, 2001, the Board of County Commissioners approved the funding of a neighborhood park within Naples Park. In a joint effort, the Collier County Parks and Recreation Department and the Naples Park Area Association Property Owners located two (2) adjacent vacant lots currently for sale, Lot 26 and Lot 27 located at the southwest corner of 104th Avenue and 7th Street in Naples Park. This Executive Summary is for the purchase of Lot 26 and under a separate Executive Summary, staff is requesting the purchase of Lot 27. The agreed upon purchase price for Lot 26 is $82,000. This amount was based upon an appraisal prepared by the County's Review Appraiser. The County will have 60 days from the date of execution of the Agreement to obtain reports from the County's Natural Resources Department and the County's Pollution Control Department advising of any environmental concerns. If the County is not satisfied with the results of the reports, the County may terminate the Agreement with proper notice. The County may also, prior to closing, terminate the Agreement for any reason by paying a one percent penalty of $820. The site will require a Conditional Use Permit to allow for a neighborhood park. FISCAL IMPACT: The total costs of acquisition should not exceed $85,500 ($82,000 for Lot 26; $2,000 for the Environmental Task I Audit; and, $1,500 for title commitment and policy and recording of documents). The funds shall be withdrawn from 1982 Parks Improvement CIP (Fund 306), Naples Park Neighborhood Park (Project Number 80608). GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; 2. Authorize its Chairman to execute the Agreement; 3. Direct staff to obtain any necessary environmental reports and any other reports to ensure the property may be utilized for its intended purpose; 4. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; o Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property and all other criteria proves satisfactory. SUBMITTED BY: Cindy M. Er?, Sr. Property Acquisition Specialist Real Property Management Department REVIEWED BY: REVIEWED BY: Toni A. Mott, Real Property Supervisor Re I Property Management Department es E. Carringto~ JrC/~RNVA[ ~)ire r Real Property Management Department REVIEWED BY: M~rla I~amsey~' Dir Parks and Recreation Department Peter Kraley, Interi~lstrator Public Services Divan DATE: DEC 1 I FROJEC.T: Naples Park Neighborhood Park FOLIO: 62417240006 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DARYL E. SCHWALM, joined by his spouse LINDA SCHWALM (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: Lot 26, Block 9, NAPLES PARK SUBDIVISION, UNIT NO. 1, according to plat thereof as recorded in Plat Book 1, Page 106, Public Records of Collier County, Florida. Subject to easements, reservations, and restrictions of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (.the "Purchase Price") for the Property shall be eighty two thousand ($82,000) dollars, (U.S. Currency) payable at time of closing. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than December 31,2001, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit' as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Cedification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and to issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set fodh. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. All Special Assessment liens for drainage improvements pending on the property shall be paid by Seller at closing. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title. Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 2001, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. Agenda Item DEC 1 12001 Pg._ ,,/- _ ~.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be' deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Properly can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon .the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2000 taxes, and shall be paid by Seller. Agend. l. -~tem, No../¢p . ..~.. DEC 1. 1 001 IX.. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements' contained herein which are to be pedormed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all fights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving wdtten notice thereof to Purchaser, whereupon one percent (1%) of the pumhase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals and authorizations shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. I Agend& item,_.. '10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system;' Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA' or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall' survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole dsk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building, 4t~ Floor 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen T. Chadwell, Assistant County Attorney Office of the County Attorney Administration Building, 8th Floor 3301 Tamiami Trail East Naples, Florida 34112 To Seller: Daryl E. and Linda Schwalm P.O. Box 152 Manitou Beach, MI 49253-0152 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xll. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party ctaiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. Xlil. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. Agenda. Z t em,...,, DEC 1 2{}01 V pg. Fj _ 13.05 All terms and words used in this Agreement, regardless of the number and · ger~der in which used, shall be deemed to include any other gender or number as the~ context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain 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 Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '4,--',. rI.'1 .~. JAMES E~:'~A~TER,"'Ph.D., Chairman AS TO SELLER: DA~'ED: WITNESSES: ature) - ,~Name) _7.(~nature) ~ (Printed Name) WITNESSES: ~ig~ature) (Printed Name) (Printed Name) DA RYL/SCHWALM .,~ALM Approved as to form and legal sufficiency: Ellen T. Chadwell .)L,~-'/ Assistant County Attorney Agenda Item No. /~-~ _~ DEC 11 2001 / -} Pg EXECUTIVE SUMMARY. APPROVE AN AGREEMENT FOR SALE AND PURCHASE TO PROVIDE FOR THE PURCHASE OF LOT 27 FOR USE AS A NEIGHBORHOOD PARK IN NAPLES PARK. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between Collier County and Daryl and Linda Schwalm. The Agreement is for the purchase of a 0.15-acre lot to be used as a neighborhood park in Naples Park. CONSIDERATIONS: During the Budget hearing on September 6, 2001, the Board of County Commissioners approved the funding of a neighborhood park within Naples Park. In a joint effort, the Collier County Parks and Recreation Department and the Naples Park Area Association Property Owners located two (2) adjacent vacant lots currently for sale, Lot 26 and Lot 27 located at the southwest corner of 104th Avenue and 7th Street in Naples Park. This Executive Summary is for the purchase of Lot 27 and under a separate Executive Summary, staff is requesting the purchase of Lot 26. The agreed upon purchase price for Lot 27 is $66,800. This amount was based upon an appraisal prepared by the County's Review Appraiser. The County will have 60 days from the date of execution of the Agreement to obtain reports from the County's Natural Resources Department and the County's Pollution Control Department advising of any environmental concerns. If the County is not satisfied with the results of the reports, the County may terminate the Agreement with proper notice. The County may also, prior to closing, terminate the Agreement for any reason by paying a one percent penalty of $668. The site will require a Conditional Use Permit to allow for a neighborhood park. FISCAL IMPACT: The total costs of acquisition should not exceed $70,300 ($66,800 for Lot 27; $2,000 for the Environmental Task I Audit; and, $1,500 for title commitment and policy and recording of documents). The funds shall be withdrawn from 1982 Parks Improvement CIP (Fund 306), Naples Park Neighborhood Park (Project Number 80608). GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. Agenda I.t ~;m bcC 1t 2001 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement for Sale and Purchase; 2. Authorize its Chairman to execute the Agreement; o Direct staff to obtain any necessary environmental reports and any other reports to ensure the properly may be utilized for its intended purpose; Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures including obtaining the acceptance of the proper conveyance document and approval to record any and all necessary documents (once approved by the County Attorney's Office) to obtain clear title to the property and all other criteria proves satisfactory. ¢ ' ~'"~'/~. ~ DATE: SUBMITTED BY: CTndy M. E~, S~'. Property Acquisition Specialist Real Property Management Department REVIEWED BY: REVIEWED BY: REVIEWED BY: Toni A. Mott, Real Property Supervisor Real Property Management Department ~hari'es E: Cardr~gton, J¢,'SR/~A, Director Real Property Managembnt Department pM;: ,kas" aR~ ~ SReeY;r eD~i ~oC~ o1~ ep/artment DATE: DATE: DATE: Peter Kraley, Interim.~rator Public Services Divis~._.~ DATE: Agenda'ite~- i DEC 1 PROJECT: Naples Park Neighborhood Park FOLIO: 62417280008 AGREEMENTFOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DARYL E. SCHWALM, joined by his spouse LINDA SCHWALM (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: Lot 27, Btock 9, NAPLES PARK SUBDIVISION, UNIT NO. 1, according to plat thereof as recorded in Plat Book 1, Page 106, Public Records of Collier County, Florida. Subject to easements, reservations, and restrictions of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be sixty six thousand, eight hundred ($66,800) dollars, (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than December 31, 2001, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit' as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and to issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. if Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. All Special Assessment liens for drainage improvements pending on the property shall be paid by Seller at closing. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 2001, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be~ deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary oJ31igations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance With all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2000 taxes, and shall be paid by Seller. Agenda :[ t. em NO. /"'-~ ~ IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements' contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Pumhaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals and authorizations shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system;~ Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances' or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall~ survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xl. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building, 4th Floor 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen T. Chadwell, Assistant County Attorney Office of the County Attorney Administration Building, 8th Floor 3301 Tamiami Trail East Naples, Florida 34112 To Seller: Daryl E. and Linda Schwalm P.O. Box 152 Manitou Beach, MI 49253-0152 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xll. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or parts, claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the padies. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. D:t; 1 1 2n. rJ; Pg - ,.__.~ _. 13.05 All terms and words used in this Agreement, regardless of the number and bender in which used, shall be deemed to include any other gender or number as the~ context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XlV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain 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 Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA COPY dAMES D. CARTER, Ph.D., Chairman Agenda Item No. /~.b ff AS T.G SELLER: bATED: WITNESSES: ature) - - u ._~l~natu re) ~ ~' (Printed Name) WITNESSES: ~-Sig~ature) --;-.~o_~a¢. L. 4Ja~tcler~ (Printed Name) jgnature~ ~'~- cC (Printed Na~ne) DARYL~ SCHWALM Approved as to form and legal sufficiency: Ellen T. Chadwell~'~=\%'2 Assistant County Attorney Agenda Il:em. DEC l l 2001' Pg.., /~ EXECUTIVE SUMMARY,. APPROVE A RESOLUTION AUTHORIZING THE ACTIVITIES AND PRACTICES OF THE FRIENDS OF THE COLLIER COUNTY MUSEUM, A NON-PROFIT VOLUNTEER ORGANIZATION OB,JECTIVE: To replace the existing resolution formalizing the working relationships between Collier County government and the Friends of the Museum, a non-profit volunteer organization, with an updated version. CONSIDERATIONS: For many years, groups of volunteer residents and visitors have formed non-profit associations for the purpose of supplementing and enhancing various facilities, equipment, materials, programs, services and operations within the Public Services Division. On June 26, 2001, the County Commission, in order to clarify roles, responsibilities, reporting relationships and financial accountability between these associations and the departments they support, approved Resolution No.01-255. Subsequent to the adoption of this resolution, the Chairman of the Friends of the Collier County Museum, requested some minor changes to the resolution as it related to the programs and services sponsored and/or conducted by their organization. As a result, the enclosed resolution is proposed for the Board's consideration. Minor changes include a more detailed listing of sponsored events, programs and services and a change in the specific staff contact from which prior event approval is required. Staff supports these changes. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the enclosed Resolution. SUBMITTED BY: .~, APPROVED BY: Peter Kraley Inl~rim Public Services Administrator ~~ Date: -I.~o Ochs, Jr. Assistant Co~p(dministrator Date: F_C I t ?.001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 01- A RESOLUTION AUTHORIZING THE FRIENDS OF THE COLLIER COUNTY MUSEUM TO SPONSOR AND/OR CONDUCT EVENTS, PROGRAMS, SERVICES, AND ASSOCIATION BUSINESS AND FUNDRAISING ACTIVITIES ON COUNTY PROPERTY, USING COUNTY ASSETTS WHEREAS, for many years, groups of volunteer residents and visitors have formed non-profit associations for the sole purpose of improving and expanding various facilities, equipment, materials, programs, services, and operations of the Collier County Museum system; and WHEREAS, the Friends of the Collier County Museum provide countless hours of volunteer services, expert technical assistance and advice, and substantial financial assistance to the Collier County Museum system; and WHEREAS, the Board of County Commissioners desires to formalize the current relationship and practice of the Friends of the Collier County Museum and officially recognize the public benefit provided by same. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board hereby authorizes the following: 1. The Friends of thc Collier County Museum shall sponsor and/or conduct, with the prior approval of the Collier County Museum Director, which shall not unreasonably be withheld, events, programs, services, and association business and fundraising activities on County property, using County asse~. Examples of such events, programs, and services shall include the following: Old Florida Festival · Roberts Ranch Roundup · Archeology Week · Archeology Seminars . Gift Shop Operations and Concessions Lecture Series & Events 2. All earned and contributed revenues to the l.:riends of the Collier County Museum shall be used exclusively to support the Collier County Museum system programs, services and operations. 3. The Friends of the Collier County Museum shall make all official meeting minutes and financial records available for public inspection upon request as per stipulations regulating 501-C3 corporations and the Florida Public Records Laws, as applicable. 4. This Resolution supercedes Resolution No. 01-255 only to the extent that No. 01-255 relates to The Friends of the Collier County Museum, This Resolution adopted this day of 2001, after motion, second and majority vote in favor of adoption. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIO,Nq~RS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Chief AssisUtnt County Attorney AGENDAITEM NO. t DEC 11 2001 EXECUTIVE SUMMARY ..... ~WARD OF BID #01-3309 REFINISHING OF MAIN POOL AT IMMOKALEE SPORTS COMPLEX Objective: To award Bid #01-3309 for refinishing of the main pool at Immokalee Sports Complex to Finishing by Baker Inc. Consideration: Bid #01-3309 was posted on October 24, 2001. Notices were sent to eight vendors. Bids were opened on November 14th 2001 with 3 bids submitted. A bid tabulation sheet is attached for your review. The bids submitted are as follows. Finishing by Baker Inc. Ultimate Pools Inc. Aquamarine Swimming Pool Company Base bid Alternate Total $48,650 $100 per hour $49,650 (Not to exceed) ( $1,000 ) $64,893 $1,107 $66,000 $118,200 $2,500 $120,700 Staff has reviewed the bids submitted and recommends award of the base bid to Finishing by Baker Inc. in the amount of $48,650 and the alternate at $100 per hour not to exceed $1,000. Staff contacted Finishing by Baker Inc. and placed a limit of $1,000 on the alternate based on the bid of $100 per hour as the repairs could not be determined until the pool was drained. The total bid award for the base bid and the alternate is $49,650. iscal Impact: Funds are budgeted in.Parks Capi~cal !mprover,,ent Fund (308) in Project Number 00169 (Immokalee Pool Resurfacing). Growth Management: The Immokalee Sports Complex is inventoried in the Collier County Growth Management Plan. Recommendation: That the Board of County Commissioners award bid #01-3309 Finishing by Baker Inc. for the base bid amount of $48,650 and alternate #1 not to exceed $1,000. Prepared by: .A~_ ~' ~12-~ Date: Debbie Roberts, Operation Coordinator Department of Parks and Recreation Reviewed and '~/~..~ .~~.~ Approved by: ~6 ,2t~/ Date: Marla Ramsey, Director / Department of Parks and Recreation Reviewed and ~j~ ~.b,/Q/~. ~/,/ Approved by: . ¥~ ~ Steve"~ell, Di~ctor Depmhnent of Purchasing .~pproved ~ Jo~ Du~uck, Public S~dmin. Division of Public Se~i~s Date: Date: EXECUTIVE SUMMARY A RESOLUTION REQUESTING APPROVAL TO INCREASE FEES CHARGED BY THE COLLIER COUNTY HEALTH DEPARTMENT (CCHD) FOR THE PROVISION OF THE ENVIRONMENTAL HEALTH ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM (OSTDS) PROGRAM. OBJECTIVE: CONSIDERATION: FISCAL IMPACT: GROWTH MANAGEMENT IMPACT: To obtain Board approval to increase the fees charged by the Collier County Health Department for the On Site Sewage Treatment and Disposal System (OSTDS) Program. Chapter 63-1238, Laws of Florida, House Bill No. 1758 authorizes and empowers the Board of County Commissioners of Collier County to set fees for permits and other services performed. Due to changes in requested services within the Environmental Health Office of the Collier County Health Department, the Director of the Collier County Health Department is recommending an increase in fees for the provision of the following services and permits. These fees are specific to the Onsite Sewage Treatment and disposal System (OSTDS) program: Site/Development Plan Review, Incidental Plan Review, Construction Permit Application, Construction Inspection, Final Cover Inspection, OSTDS Permit Issuance, Permit for Advanced Treatment Unit, Re-inspection and Repair Permit. The additional revenue from these fees is required in order to provide the necessary funding needed to maintain the high level of sen'ice of that Office with the increased workload from local development. There is no fiscal impact to the county budget. Local builders will be responsible for paying the following fees when applying for permits: Service Activity Existing Fee Proposed Fee a)Site/Development Plan Review $ 0 $ 20 b)Incidental Plan Review $ 0 $ 5 c)Construction Permit Application $ 30 $140 d)Construction Inspection $ 55 $ 55 e)Final Cover Inspection $ 25 $ 25 f)OSTDS Permit Issurance $ 55 $ 55 g)Permit for Advanced Treatment Unit $150 $150 h)Reinspection $ 25 $ 50 i)Repair Permit $115 $150 No growth management impacts anticipated. No. #b~D~7 DEC 11 2001 RECOMMENDATION: Staff recommends approval of Resolution to increase service fees. The Development Services Advisory Committee reviewed and agreed with new fee structure on November 7, 2001. The Collier Building Industry Association has also endorsed the increased fees through a series of workshops with the Collier County Health Department. /P~]epared by: ( J_~a., M. Colfer, M.D., M.P.H. k~irector i~l~ii~i~i ~r~,ic e~Ad m inist rat o r DATE DEC 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 7 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 RESOLUTION NO. 2001 A RESOLUTION APPROVING AN INCREASE IN THE FEE CHARGED BY THE COLLIER COUNTY HEALTH DEPARTMENT FOR THE PROVISION OF ENVIRONMENTAL HEALTH SERVICES AND PERMITS. WHEREAS, the Collier County Health Department provides public health services to the citizens of Collier County, as delineated in a contractual agreement between the State of Florida Department of Health and the Collier County Board of Commissioners; and WHEREAS, Chapter 63-1238, Laws of Florida, a Special Act, provides that the fees charged by the Collier County Health Department are to be recommended by the Director of the Collier County Health Department and fixed, by official action, by the Collier County Board of Commissioners; and WHEREAS, due to changes in requested services and programs within the Environmental Health Office of the Collier County Health Department, the Director of the Collier County Health Department is recommending the increase in fees for the provision of the following services and permits in order to provide the additional funding needed to maintain the efficient operation of that Office. These fees are specific to the Onsite Sewage Treatment and Disposal System (OSTDS) program. Service Activity Existin~ Fee a) Site/Development Plan Review $ 0 b) Incidental Plan Review $ 0 c) Construction Permit Application $30 d) Construction Inspection $55 e) Final Cover Inspection $25 f) OSTDS Permit Issuance $55 g) Permit for Advanced Treatment Unit $150 h) Reinspection $25 i) Repair Permit $115 Proposed Fee $ 20 $ 5 S140 $ 55 $ 25 $ 55 $150 $ 50 $150 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that any prior action and/or resolution(s) by said Board as it relates solely to the establishment of fees for the provision of Environmental Health Services be superceded by this resolution which, by its adoption, will establish the fees at the specified amounts. The new fees shall become effective as of the date of adoption of this resolution. Agenda Iter~- DEC 11 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 This Resolution adopted this and majority vote. day of ATI~EST: DWIGHT E. BROCK, CLERK ,2001, at~er motion, second BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal suffiCiency: t ./"") Assistant Collier County Attomey CHAPTER, 63-1238 LAWS OF FLORIDA and high grass and tax the cost of same against the owners of the property, and the same shall constitute a lien on such property, and may proceed to collect the cost of such cleaning by foreclosure or otherwise. Section 3. This act shall become effective only upon its approval by a majority of the electors of Collier county voting in a referen- dum election to be held in Collier county. Became a laxv without the Governor's approval. Filed in O~ce Secretary of State June 3, 1963. CHAPTER 63-1238 HOUSE BILL NO. 1758 AN ACT relating to Collier county; providing for the fixing, col- lection, and accounting of fees to be charged by the county health unit for certain services; providing effective date. WHEREAS, in the administration of the Collier county health unit increased requests have been made for certified copies of vital records, permits, and other documents of the said health unit by the citizens of Collier county and the public in general, and WHEREAS, the public and citizens of Collier county are desirous of increased services of the Coll;.er county health de~partment, be- yond those services which heretofore have been provided under the current appropriations of the state and the board of county com- missioners of Collier county, and WHEREAS, the demand for certified copies of vital records, per- mits, and other services performed, are excessive in relation to services now provided by appropriations made by the state and the board of county commissioners of Collier county for the general needs of the public and the citizens of Collier county, and %VHEREAS, by authorizing and empowering the board of county commissioners of Collier county to set fees for the issuance of cert~- fled copies of vital records, permits, and other services performed, and further authorizing the disposition of said fees collected there- under the public health and welfare of the citizens of Collier county xvill be enhanced, NOW, THEREFORE, 600 7 Il 2001 LAWS OF FLORIDA CHAPTER 63-1239 Be It Enacted by the Legislature of the State o~f Florida: Section 1. The board ot~ county commissioners of Collier county is authorized and empowered to fix by official action, fees to be charged by the Collier county health unit for the issuance ot~ per- mits, health certificates, certified copies of vital records, and for other services performed by said health unit. The board of county commissioners shall consider recommendations made by the director of the Collier county health unit in establishing such £ees. Section 2. The ColLier county health unit, is authorized and empowered to collect such fees as may be imposed and fixed as provided in section 1. Section 3. Each month the Colher county health unit shall ac- count for all moneys collected pursuant to this act and shall pay over to the general fund of the county all amounts due the county. Section 4. All laws, or parts of la~vs, in conflict herewith are hereby repealed. Section 5. This act shall take effect July 1, 1963. Became a law without the Governor's approval. Filed in Office Secretary of State June 3, 1963. CHAPTER 63-1239 HOUSE BILL NO. 1973 AN ACT relating to xvater conservation districts in Collier Count),; changing the term water conservation to water management; amending Section 10 (e) of Chapter 61-2037, Laws of Florida, to provide for contracts for the sale, purchase or supplying o£ water for certain purposes; creating Section 29A to provide that district board members shall be reimbursed for actual expenses; provid- Lng an effective date. Be It Enacted by the Legislature o~ the State of Florida: Section 1. Chapter 61-2037, Laws of Florida, is amended by changing the term water conservation wherever it appears in said act to water management. 601 Agend~ _Item 7 DEC 11 2001 EXECUTIVE SUMMARY AMEND THE PARKS AND RECREATION DEPARTMENT OUTDOOR AREAS LICENSE AND FEE POLICY FACILITIES AND Objective: That the Board of County Commissioners approve a Resolution amending the Collier County Parks and Recreation Department's Facilities and Outdoor Areas License and Fee Policy. Consideration:The Board of County Commissioners previously adopted Resolution No. 99-375 establishing the County's policies to maximize utilization of user fees and concession revenue to partially offset operating costs of Parks and Recreation programs. The Board has also adopted subsequent Resolutions amending the fees and charges for these programs and facility uses, This Resolution includes the following fee changes: a) Adds a "no fee" policy for one meeting per month for East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association and 2® District Association. b) Incorporate a recently approved boat launch fee for commercial and residential use in addition to the already existing commercial use permits. c) Increase lifeguard hourly fee for lifeguard/instructors for after-hours school use. d) Amends only the format for the Collier County Fitness Center Membership. e) Increases the fees for the Collier County Summer Camps and After School Programs in Naples and Immokalee and specifies that the per week transportation costs in Immokalee will be based on the then current transportation bid cost in lieu of a fixed fee. f) Establishes a fee for Park Ranger Camps. All changes are indicated by the underlined text in the proposed, revised fee policy. The revenue anticipated from these changes is already reflected in the 2001-2002 Fiscal Year proposed budget. Growth Management: There is no growth management plan impact associated with the fee increases. Fiscal Impact: The revised fee schedule is projected to result in an overall increase in revenue in the amount of $75,675, which is included in the FY 02 budget. The projected revenue is budgeted as follows: $31,500 in the general fund (1301), $31,350 in the MSTD general fund (liD, and $12,825 in the Golden Gate Community Center fund (130). Recommendation: That the Board approve the Resolution to thereby amend the parks and recreation fee policy. DEC 11 2001 pg. / Prepared by: ~ ~)~"v~ Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and '/~///~rt ~[ Approved by: M~.~:laC'~a-msey, Dlre~or Recreation Department of Parks and Reviewed and"~'~l I~. Approved by: ~ ~[~-~ ~/~ John D~nn~"k, ~'~ator Division of Publ~vices Date: Date: Date: RESOLUTION No. 2001- A RESOLUTION OF COLLIER COUNTY FLORIDA, AMENDING PARTS OF ARTICE IH AND IV OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the following changes he made to the County's Parks and Recreation License and Fee Policy. That Policy was last amended by Resolution No. 99-375 on September 26~, 2000. The Director recommends: (a) Adding a "no fee" policy for one meeting, per month for the following associations: East Naples Civic Association, Golden Gate Estate~ Civic Association, Golden Gate Civic Association, Immokalee Civic Association and 2'd District Association; Co) Adding a new boat launch fee for residential and commercial use in addition to the already existing commercial use permits; (c) Increase lifeguard hourly fee for lifeguard/instructors for after-hours school use; (d) Amend only the format of the Collier County Fitness Center Membership; (e) Increase the fees for the Collier County Summer Camps and After School Program~ in Naples and Immokalee and specify that the per week ~rtation cost in Immokalee will be based on the then current transportation Bid Cost in lieu of a fixed fee; and (f) Establish a fee policy for the Ranger Camps; and WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY that: I. Article III of the Collier County's Parks and Recreation License and Fee Policy, as amended, is hereby further amended only as follows: a. Article III, Section B, lA entitled "Federal Income Tax Exempt Entities", shall read: The following Civic Associations will not be subject to fees for their one general membership meeting per month. East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and 2=a District Association. Article IV of the Collier County's Park and Recreation License and Fee Policy, as amended, is hereby further amended only as follows: Article IV, Section D, entitled "Beach Parking Facilities Fees; Boat Launch Facilities Fees ", which was approved by the Board by Ordinance amendment on April 12, 2001 and is hereby amended to read: Beach parkin~ Facilities Fees, Beach parking facilities, including and not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, and South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $3.00 per day. Collier County residents with beach parking permits will be exempt fi:om the $3.00 per day parking fee. Collier County residents may obtain a beach parking permit at no charge. Vehicles with permits will not be charged this parking fee. Boat Launch Facilities Fees Boat Launch Facilities, including and not limited to, Caxamhas Park, Cocohatcbee River Park, Collier Boulevard Boat Park (951), and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $3.00. Boat Launch permits may be purchased by ali residents and visitors for an annual fee of $60. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial Permits for launch facilities may be acquired at Golden Gate Administration Building for a cost orS100. This pem~it is good fi:om January 1 to December 31. There is also a launch fee of $3.00 per launch for commercial use. Agend~^It~ No. /~ ~ ~.. DEC 1 001 ¢. Article IV, Section ~,4, "Collier County Aquatic Facilities-Naples and Immokalee - Everyone pays aquatic facility rates", amended to read: Schools Public Schools are fee exempt, however they are required to pay $15.00/hour per lifeguard or instructor, if not during regular operating hours. Article IV, Section K," Collier County Fitness Centers", revising only the format on page 8 of the Fee Policy for the public to clarify, as follows-: 1. Golden Gate and Max Hasse Fitness Centers - membership includes the Golden Gate and Immokalee Aquatic Pools and usage of all County Fitness Centers. Daily Monthly 3 Month Annual 5.00 25.00 70.00 200.00 Spouse or additional family member 100.00 Student (ages 15-18) 75.00 Veterans and Immokalee Fitness Centers - membership includes the Immokalee and Golder~te Pools and usage of'l~e Veterans and Immokalee Fitness Centers only. Daily Monthly 3 Month Annual 4.00 20.00 50.00 160.00 Spouse or additional family member 80.00 Student (ages 15-18) 75.00 ** Daily walk in and membership fees are subject to 6% sales tax. Article IV, Section M, entitled "Collier County Summer Camps, After School Programs, and Ranger Camps", increasing fee for Summer Camps and After School Programs and to hereafter calculate the applicable transportation cost based on current transportation bid costs rather than fixed fees. Summer Camps Naples Immokalee First child 495.00 395.00 Additional child (same household) 3 week session only 450.00 350.00 250.00 200.00 After School Camps Naples lmmokalee Entire school year cost 858.00 585.O0 Transportation cost per week Based on current Transportation Bid costs Article IV, Section M, entitled "Collier County Summer Camps, After School Programs, and Ranger Camps", establish fee policy for Ranger Camps. Ranger Camps 2 Week Session 175.00 1 Week Session 90.00 3. A copy of the Fee Rules, as ben:by amended and adopted, is attached. 4. This Resolution repeals Collier County Resolution No. 99-375. Resolutiom This Resolution adopted this majority vote in favor of passage. ATTEST: DWIGHT E. BROCK, Clerk This revised policy shall be effective on the day following adoption of this .... day of December 2001 after motion, second and BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BT. Deputy Clerk Approved as to form and legal sufficiency:. By:! 0 IA~ _ Thomas C. Palmer, Assistant County Attorney By: James D. Carter Ph.D., Chairman Agenda ~tem No. /¢ D_ <~.. COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges, collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non-government entity shall Charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case by case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Outdoor areas shall be used for those purposes designated or implicit in their charaCter. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or knplicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. No. 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County..' Such activities include, but are not restricted to, athletic, clinics, i~m-uctional, interpretative, seminars -preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshore Access, and South Marco Beach Access. o Boat Vehicle Parking Fees: Parking lots at Collier County owned and operated boat hunch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park 951 Boat Ramp. B. USER CATEGORIES - APPLICABLE TO ALL INDOOR AND OUTDOOR AREAS · Governmental entities are not subject to fees..All other facility users shall have their fees determined by the category of the entity. The two categories are: 1. CATEGORY I - Federal Income Tax Exempt Entities, Registered Charities, Not-For-Profit Groups. A. Federal Income Tax Exempt Entities. $5.00 per hour license fee Groups, which are exempt from taxation under any subsection of Section 501(c) of the internal revenue code. The following Civic Associations will not be subject to fees for their one general membership meeting per month. East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and 2na District Association. B. Specified Sales Tax Exempt Entities. $5.00 per hour license fee Those entities which are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes as a home for the aged, nursing home, hospice, or as an organization whose primary purpose is to provide special educational, cultmal, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veteran's organization. 2 Agenda It~ No. /60 ~_ DEC I_ 2001 Pg. -'r' C. Local Not-For-Profit Groups. $5.00 per hour license fee Entities, irrespective of tax exempt status,, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty percent (50%) of the group's membership are residents of Collier County with a primary purpose to provide social services to others or to protect interests outside-of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. D. Other Local Not-For-Profit Groups - $5.00 per hour license fee Those entities, irrespective of tax exempt status, which are not-for-profit corporations, org~ni?ations or other not for profit entities that are of Collier County origin, have their principal location-in Collier County, at least fifty per cent (50%) of the groups membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. E. Fund Raising Activities: Each Category I individua!~ group, organization or entity involved in any fund raising activity must pay full fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangt~ole thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tang~le thing of monetary value, or, 3. Selling or bartering any tang~le thing of monetary value Fund raising activities do not include: 1. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materia~ for use as study materials for smd~mts ,atte~r~l~ lng class conducted at the 'park tl~diW. Such sales must be at or below the seller's actual costs. NO. /& O _~. DEC 1'1 2001 Pg._ (~, _ 2. CATEGORY II - All Others A. Each individual, group, organization Or entity that is not within Category I. IV. FEE STRUCTURE - (All fees are exclusive of sales taxes). A. Category I User Fees Facility Rates (excluding league, practice & special facilities Le. swimming pool etc.) Facility Type Type of Usage Rate Per Hour All Indoor Facilities per Room Gymnasium - any size General $ 5.00 $30.00 Outdoor Facilities & PavaXions Amphitheater - Sugden Regional Park General $ 5.00 Sa0.00 Athletic General $30.00 Lights $10.00 FUND RAISIgqG RATES $20.00 ADDED TO HOURLY RATE ABOVE Category II - User Fees 1. Facility Rates (excluding special facilities i.e. swimming pools etc.) Facility Type Area in Sq. Ft. Indoor Under 1500 Indoor 1500 - 3000 Indoor 3000 & Over Gymnasium Amphitheater- Sugden Regional Park Outdoor Small area Outdoor Large area Football/Soccer/Soffball/BasetmlF Little League/Sports Pav~ion/ Roller Hockey Basketball/Ra~uetball/Volley Ball Tennis Courts Base Hourly Fee $25.00 45.00 60.00 60.00 60.00 10.00 20.00 45.00 12.00 12.00 Deposit Required $ 30.00 50.00 70.00 100.00 60.00 25.00 35.00 50.00 DEC 2001 _ Lights 10.00/hour FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE C. Additional Fees: Categories I and H Description Additional Fee Per Hour Rental during non-business hours (hours that axe not normal departngntal operation) Additional non-security staff members Light fees (where not specified) Additional security staff members Special requests or additional clean up required $20.00 15.00 per staff member 10.00/hour 20.00 per hour fee determined by department, based on cost Per hour fee determined by department, based on cost Do V-etaJete Beach Parkln~. Facilities Fees; Boat Launch Facilities Fees Beach Parking Facilities Fees Beach and beat parking facilities, including and not limited to, Barefoot Beach ParK, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, and_ South Marco Beach Access, o~.~. an~ C&~nmEas Park have a parking fee, inclusive of sales tax, at a rate of $3.00 per day. Collier County residents with beach parking permits will be exempt fi'om the $3.00 per day parking fee. Collier County residents may obtain a beach parking permit at no charge. Vehicles with permits will not be charged this parking fee. r~+ .~e~! .... ~-: ......:+~ ~ ...... ~,~o~,~ ~, .-~:,~-+- ---- Boat Launch Facilities Fees. Boat launch facilities, including and not limited to, Caxambas Park, Cocohatche_e RiverPar Collier Boulevard Boat Park 951 andBa 'ewP shallhavea launch fee inclusive of sales t at a rate of 3.00. Boat Launch traits ma be purchased by all residents and visitors for au annual fee of $60. These permits are available at all Collier Co parks and Recreation Cotmramit- Centers. Commercial Permits for launch facilities ma be ac uired at Golden Gate Administration BuOdlng for a cost of $100. TI'tis permit is good from January 1 to. ~)ecember 31. There is also a hunch fee'O 3.00 launch for corm-r~-~cial u~. Agenda I t~l~m NO. Bo Concession Fees 1. Concession Booth/Location in conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $3.00 per hour of operation. F. Marketing Fees - Reserved G. Instructional Fees 1. Programs Fee Assessment: Per hour or per participant basis. 2. Non. Stafflnstructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non-staff instructor(s) and the County as follows: 65% to the non- staffinstmctor(s) and 35% to the County for all such Instructional Programs conducted on Collier County Facilities. After subtraction, the pro-ration for Instructional Programs conducted on non-countY facilities shall be 70% to the non. staffinstructor(s) and 30% to the County. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum Registration Fee per Participant per League Play Adult $28.00 Naples 15.00 Immokalee Youth 28.00 Naples 5.0 Immokalee League will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. 6 DEC 1 I 2001 Collier County Parks and Recreation Co-sponsored Leagues Fees applicable to Category I users only League Type Fee Per Participant Per League Play -' Adult $28.00 Youth .70 per registered youth per week of league play (includes play-offs or all-star play.) League wgl be charged light fees, but not for scheduled league games. 2. Outdoor Tournaments Description Non-Refundable Deposit OR Cancellation Fee All Category I groups will be charged With lights All Category FI groups will be charged With lights Fee $25.00 10.00 per hour per field 15.00 per hour per field 15.00 per hour per field 20.00 per hour per field Clinics: Pro-rations 1. 65% of the fees to the group or individual(s) and 35% of the fees to the County for Clinics conducted on any County facility. 2. 70% of the fees to the group or individual(s) and 30% of the fees to the County for Clinics conducted on any non-County facility. 3. Hourly rate for facility fund raising. Collier County Racquet Centers (Reserved): Collier County Aquatic Facilities - Naples and Immokalee - Everyone pays aquatic facility rates. 1. Entrance Fees (inclusive sales tax) Under 3 yrs Naples Free immokalee Free Youth(3-17yrs) Adult $2.00 $2.50 1.00 1.50 7 Senior (60+yrs) $2.00 1.00 Agend~ Pass Fees (exclusive of sales tax) Type Youth Naples 3 month $40.00 Immokalee 35.00 Adult $60.00 55.00 Senior $40.00 35.00 Famay 100.00 90.00 Naples Anm)al 60.00 80.00 60.00 225.00 Immokalee 50.00 75.00 50.00 210.00 3. Swimming Instructional Fees Naples $35.00/participant 40.00/participant 40.00/participant Children's ~ hour classes Children's 3/~ hour classes Adult 3/~ hour classes Immokalee 10.00/participant 15.00/participant 15.00/participant Pool Rentals (exclusive of sales tax) Naples & Immokalee Each pool includes one staff member. Additional staff: $10.O0/hour per lifeguard. ½ Main Pool Entke Main Pool Slide Activity Pool $30.00/hour $60.00/hour $30.00/hour $30.00/hour Schools Public Schools are fee exempt, however they are required to pay $19.99 $15.0_0/hour per lifeguard or instructor, if not during regular operating hours. Collier County Fitness Centers T~ ..~ T--~-~-~ Golden Gate and Max Hasse Fitness Centers - membership includes the Golden Gate and Immokalee A uatic Pools and usa e of all Coun Fitness Centers. Daily Mont~_ 3 Month Annual. 5.00 25.00 70.00 200.00... Spouse or additional famBy member 100.00_ Student (ages 15-18) 75.00 8 120111 o Veter_an.q and I,mv, okalee Fitness Centers - membership includes the Immokalee and Golden Gate Pools _and usage of the Veteran.q and hnmokalee Fitness Centers onl?L_ _ Daily Monthly_ 3 month Annual.. 4.00 20.00 50.00 160.00. Spouse or additional family member 80.00_ Student (ages 15-18) 75.00 ***Daily walk ii1 and membership fees are subject to ~% sales taX, 3~ Baby-sitting Service (Naples) $2.00 per child per use $15.00 per 10 visit card L. Corporate Discount on Annual Passes Discount does not apply to additional family members Based on employee participation. Employees Discount 5 -9 10% 10-24 20% 25 and above 40% Mo Collier County Summer Camps, After School Programs, and Ranger Camps Summer Camps First child Additional child (same household 3 Week session only Naples Immokalee 4-50:00 495 3-50:00 395. ~ 450 250.00 35~0 9 Agenda Itg,m After School Camps Entire school year cost Transportation cost per week 1 Day Camp Easter Camp - per week Christmas Camp - per week Naples Immokalee -585. Based on then current ~n n~ .... :~-~ ~ransportation Bid Cost 15.00 15.00 55.00 40.00 55.00 40.00 2 Week Session 1 Week Session 175.00_ 90.OQ N. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Blvd. To Logan Blvd. To I~ Ave. SS East Boundary: Canal 1 mile east of County Road 951 North Boundary: 1~t Ave. SW over 951 Blvd and White Blvd to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara · Organizations in classes I, II, III, or IV declaring themselves as district must show proof of at least 50% membership within the taxing district. User Categories Class I: Charitable, Not-For-Profit organizations Class II: Not-For-Profit organi?ations Class III: Civic or Governmental organizations Class IV: Commercial or For-Profit organizations and any other group or individual- Deposits Fees Auditorium: $200.00 All Other Rooms: 50.00 ¸10 Agenda Item DEC Rental Fees A. Rooms A, B, C, D; Annex 1, 2 and 3 Category Class 1 Class 2 Golden Gate TaXing District No charge No charge Ch.ss 3 Class 4 No charge $6.00/hour Outside of Taxing District No charge Fee approved by Community Center Advisory Board No charge 25.00/hour B. Auditorium Category Golden Gate Taxing District Classes 1 & 3 No charge Class 2 Fee approved by Community Center Advisory Board Class 4 $20.00/hour until 10:00 pm $40.00/hour after 10:00 pm Outside of TaXing District t No charge Fee approved by Community Center Advisory Board $60.00/hour until 10:00 pm $80.00/hour after 10:00 pm Gymnasium - Fees governed by the Parks and Recreation License Policy Category Class 1 Fund Raising General Fee $30.00 per hour any size $ 20.00 added to hourly rate above Class 2 Fund Raising $60.O0/hour anY size $ 20.00 added to hourly rate above · Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages ho Serving of Alcoholic Beverages. These provisions apply for any event where alcoholic beverages vdfll be available. No alcohol may be made available without a valid Certificate of Insm'anee on file at the Golden Gate Community Center. 11 User categories Class I and Class II, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liabxlq3r and host liquor liability in an amount not less than five hundred thousand dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure five hundred thousand ($500,000) liability coverage shall be required. In the event of unusual or high exposure one million dollar ($1,000,000) liab'flity shall be required. B. Sale of Alcoholic Beverages. In the event any user intends to sell alcoholic beverages, they wtql be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. Co Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditoriun~ 2. The USer is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be respons~le to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user w/il be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be respons~le to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is Payable to Collier County Parks and Recreation at the time of payment for facility use. 12 001 __ EXECUTIVE SUMMARY,,, TO AWARD BID 01-3310 "ON-CALL ELECTRICAL REPAIRS AND NEW INSTALLATION TO BOTH SOUTHWEST ELECTRIC, INC., AND PARAGON ELECTRONIC SYSTEMS. Objective: To contract with multiple firms in order to provide electrician services for all County Departments to use as needed. Considerations: On October 18, 2001, invitation to bid notices were sent to eighty- three (83) firms providing this service, Three (3) firms requested complete bid packages. On November 7, 2001 bids were received from-two (2) firms, Southwest Electric, Inc., and Paragon Electronic Systems. Bidders were requested to provide pricing information for labor on an hourly basis and for materials used on a cost plus mark-up basis (see attached tabulation sheet). Both firms have provided continuing services to the County that has consistently exceeded our expectations. Staff has reviewed the proposals from each firm and based on this review recommends awarding to both firms on an equal basis to ensure coverage for normal business hours as well as any emergency situations that may arise. Growth Management Impact: This will not affect the Growth Management Impact. Fiscal Impact: The fiscal impact associated with this item is estimated to be $100,000 annually. This is a County-wide bid, and requisitions shall be issued by each using department from their cost centers as needed. Recommendation: That the Board of County Commissioners award Bid ~K)1-3310 both to Southwest Electric, Inc., and Paragon Electronic Systems for On-Call Electrical Repairs and New Installation in the manner specified herein. Prepared by: Fred/E. Blatchle~ Purchasing Agent Date I / /~ ~ /o / Reviewed and ~1~~ Approved by: ~ Date Stepher~ Y: Ca~ell, Purchasing/General Services Director Reviewed and ~ Date////2 E/O / Approved by: Jo-Anne Learner, Administrative Services Administrator DE( 11 2001 Pg. / _ EXECUTIVE SUMMARY. APPROVE AN ADDITIONAL ~dXTY (60) DAY F~__E_ .N..?.O...N_O,F,,R~FN~99'0284' ANSWERING SERVICES WITH ROBBINS TELECOMMUN'~ ~ ~'-' · ~e: To ensure a continuation in answering services for various County departments while the contract is let for competition. Considerations: The County is currently under a contract extension with Robbins Telecommunications to furnish answering services for various County departments. The Purchasing Staff wishes to extend the current agreement an additional 60 days to allow for further review of the latest proposals received. Growth Management: This will not affect the Growth Management Plan. Fiscal Impact: There is no fiscal impact resulting from the recommended action. Recommendation: That the Board of County Commissioners authorize an additional sixty (60) day contract extension for RFQ #99-0284, Answering Services, pursuant to Section XIV.D of the Board's Purchasing Policy. Prepared by: ~,_~ ~--~ ,/~.~--'-~ Date Fred ~ Blatchley? ~ ~/ Purchasing Agent Reviewed and Approved by: S{ephe-'dry.-(~a~nell, Purchasing/General Services Director Date Reviewed and ~ Approved by: Jo-Anne Leamer, Administrative Services Administrator Date EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 01-3291 "FIXED TERM CONSTRUCTION, ENGINEERING AND INSPECTION (CEI) SERVICES" TO THE FOLLOWING EIGHT FIRMS: TBE GROUP, HDR CONSTRUCTION CONTROL CORP., STANLEY/RWA JOINT VENTURE, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, CH2M HILL, JOHNSON ENGINEERING, HOLE MONTES, BARRACO & ASSOCIATES. OBJECTIVE: Obtain Board's approval of .Committee's sdection of firms for professional consultant services for upcoming construction, engineering and inspection (CEI) services as needed, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: The RFP was issued in accordance width Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on October 4, 2001. Notices were sent to 140 firms with 29 vendors requesting full packages. 11 responses were received by the due date of October 26, 2001. A Selection Committee Meeting was held on November 16, 2001 and after review and discussion; by consensus of the members, the following 8 firms were recommended for award (in no order): 1. TBE Group 2. HDR Construction Control Corp. 3. Stanley/RWA Joint Venture 4. Law Engineering & Environmental Services 5. CH2M Hill 6. Johnson Engineering 7. Hole Montes 8. Barraco & Associates The RFP referenced that work orders would be issued in accordance with the County's Purchasing Policy. Purchasing Policy Section VII 1 limits each work order assignment to a maximum initial amount of $90,000 and a maximum initial contract amount of $500,000. FISCAL IMPACT: Each using depamnent shall allocate funds from the appropriate cost centers as the work orders are assigned. GROWTH MANAGEMENT IMPACT: This has no growth management impact. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the selected firms. SUBMITTED BY: REVIEWED BY: /~,~h:;:~/2~_ Date: Senior Purchasing & Contracts Agent ~~I~ D6~or~/~i~ Date: Steve Ckmefl, P~ch~in~G~ S~c~ D~ent APPROVED BY: Date: Jo-Anne Varcoe-Leamer Administrative Services Division Administrator DEC 11 2001 EXECUTIVE SUMMARY AMEND THE COUNTY PURCHASING POLICY TO UPDATE EXISITING PRACTICES AND CONSOLIDATE PREVIOUSLY APPROVED CHANGES. OBJECTIVE: Update the current County Purchasing Policy to enhance operational efficiency, cladfy existing requirements and consolidate the policy into one document. CONSIDERATIONS: On June 6, 1995, the Board of Codnty Commissioners adopted via resolution a comprehensive, revised version of the County's Purchasing Policy. Subsequent to adopting that version, the policy has been modified on at least four occasions. In recent months, vadous entities including the Clerk of Courts' Finance Department, the Office of the County Attorney and various departments under the County Manager have suggested clarifications to specific provisions. Accordingly, staff has re-drafted the full policy document to address these clarifications and also consolidate changes adopted by the Board subsequent to 1995 into one complete version of the document. Enclosed in this agenda packet is a resolution formally adopting the updated, consolidated version of the policy. New language not previously approved by the Board is shown in bold. Language recommended for removal from the policy is shown as "*" '"~ *~' ..... ~' While most of the changes are purely clarifications of existing language, there are some policy changes proposed herein, the most notable of which include the following: 1. Raising the limit for requiring wdtten price quotations from $7,500 to $10,000. 2. Adjusting the Field Purchase Order limit from $500 to $1,000. Eliminating the existing language pertaining to the filing of claims by contractors against the County and relying instead on the use of alternative dispute resolution procedures for construction-related claims pursuant to Board resolution 01-339, which was adopted in September of this year. Claims or disputes that fall outside the alternative dispute resolution procedure would be handled by the Purchasing Director. Recommendations #1 and #2 are based on market research of other counties and their current respective thresholds and the desire to further increase organizational efficiency. Recommendation #3 represents a more progressive method for handling contractual disputes. FISCAL IMPACT: There is no direct fiscal impact associated with implementing the recommended changes to the policy. I ' GROWTH MANAGEMENT IMPACT: There is no direct impact on the growth management plan resulting from the recommended changes to the policy. RECOMMENDATION: That the Board of County Commissioners adopt the enclosed resolution fo-rmally amending the County Purchasing Policy and that the Chairman be authorized to sign the resolution on behalf of the Board. '~~ /. ~--'~/ Date: t(/~/~ ,.( SUBMITTED BY: '~J/? ~/ Purchasing/General Services Director REVIEWED BY: , ~/'// Date: 1t/~4/01 Jo-Anne Learner, Administrative Services Administrator RESOLUTION NO. 2001- RESOLUTION AMENDING AND REPLACING COLLIER COUNTY RESOLUTION 95- 353 AND THE PURCHASING POLICY REFERENCED THERBY WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a purchasing policy to govern all aspects of purchasing admin!stration; and WHEREAS, The Board of County Commissioners on June 6, 1995 adopted a purchasing policy by Resolution 95-353 and has amended said policy by resolution on subsequent occasions; and WHEREAS, County staff desires to consolidate all subsequent revisions to the 1995 resolution into one document; and WHEREAS, County staff seeks to clarify and update existing provisions to further promote the efficient and effective acquisitions of commodities and services. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 95-353 as previously amended by the Board is hereby further amended by this Resolution as shown in, attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote, favoring same. DATE: , 2001 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk By: Maureen Kenyon, Deputy Clerk By: James D. Carter, Ph.D., Chairman APPROVED AS TO FORM AND L EGA L S?.~G4~Y: ..~...-----7 "/q,_ Robert Za e.,,~r~, Assistant County Attorney 'RESOLUTION NO. 2001-~ 1 2 95- 3 4 RESOLUTION AMENDING AND REPLACING COLLIER COUNTY RESOLUTION 5 353 AND THE PURCHASING POLICY REFERENCED THERBY 6 7 WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a 8 purchasing policy to govern all aspects of purchasing administration; and 9 10 WHEREAS, The Board of County Commissioners on June 6, 1995 adopted a 11 purchasing policy by Resolution 95-353 and has amended said policy by resolution on 12 subsequent occasions; and to the 13 14 WHEREAS, County staff desires to consolidate all subsequent revisions 15 1995 resolution into one document; and 16 17 WHEREAS, County staff seeks to clarifY and update existing provisions to further 18 promote the efficient and effective acquisitions of commodities and services. 19 20 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 22 23 Resolution 95-353 as previously amended by the Board is hereby further amended 24 by this Resolution as shown in, attached hereto and incorporated herein by reference. 25 26 27 This Resolution adopted after motion, second and majodty vote, favoring same. 28 2001 BOARD OF COUNTY COMMISSIONERS 29 DATE: ~ --' COLLIER COUNTY, FLORIDA 30 31 32 33 By: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: DWIGHT E. BROCK, Clerk By: ~ Maureen Kenyon, Deputy Clerk APPROVED AS TO FORM AND LEGAL SU CY: ~ Assistant County Attorney James D------~. Carter, Ph.D., Chairman &l AGENDA ITEM No. DEC 11' 2001 II. PURCHASING POLICY OF COLLIER COUNTY ESTABLISHMENT OF PURCHASING POLIC__Y Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County Resolution No. 97-435 establishes the following Purchasing Policy. ~MENT RESPONSIBILITIES A. The Purchasing Department shall be responsible for: 1. ~',"~,~; Maximum Value: Act to procure for the County the highest quality i~ commodities, supplies and contractual services at least expense to the County. 2.En_____~uraqinq compotitio~: Endeavor to obtain as full and open competition as possible on all purchases and sales. -- ' and amend when necessary, operational procedum, s for .th,e, 3. Procedures: E~tabhsh_ . . ,~'_ ......... i,~=a bv ordinance. Said proceaures snal~ implementation o~ ~-~ ......... by the County Manager. Copies of the become effective only when approved in wdting procedures shall be maintained on file in the office of the Purchasing C[r==',~ Department. f current developments in the field of purchasing, , ~in,, A alvsis: Keep informed o ......... ~,,, +h~ ountv the benefits of 4. ~ = ...... and new products aha pdces, market conoltlU-;= ' research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by pdvate business and organizations- 5. ~: Prescribe and maintain a standard Purchasing Manual for all using agencies. The content of said manual will be governed by this Policy. 6.Form. _ s: Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this Policy. 7. Vendor Certification: Document that vendors doing business with the County have acknowledged their understanding and acceptance of the terms and conditions of the County's Purchasing Policy and have agreed to abide by those terms. 8. Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full advantage of discount. 9. ~: Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be organized according to materials and/or services and shall contain descriptions of vendors' commodities, pdces and discount. 10. ~: Act so as to procure for the County tax exemptions to which it is entitled. 11. ~: Cooperate with using agencies so as to secure for the County the maximum efficiency in budgeting and accounting. 12. DisJalification of Biddem~: Have the responsibility to ascertain the identity of all vendors who default their quotations or--bids or proposals to the County or fail to provide commodities and services required under contract. Further, to determine if said vendors shall be removed from purchasing consideration for a period of three years unless this prohibition is expressly waived by the Board of County Commissioners. 13. 1~ i~~~: Have full authority to question the quality, quantity, and kinds of items requisitioned in order that the best interests of the County are served. The Purchasing Oirector shell have final approval authority for all purchasas at or below the formal · timely, proper and orderly acquisition of .,, threshold. To ensure th ......... ntod to the purchasin~ ,.,,mpeat~.e . a encies, all au[no[,~y_~,- _ n whole services to the various u.sing ag_~ ,...~.r,,,,,e by the purchasing Director i Director in this policy may De formahy u,~,,.~ated , or in part to appropriate staff members within the purchasing Department. AGENOA ITEl4 lj '"°'~~1 1 1 2001 t Pg. Ill. IV. FIELD PURCHASE ORDERS (PURCHASES OF sr~o~ $1,0IN) OR LESS) Field Purchase Orders, with the approval of the department's authorized signatory, will be used by departments for immediate purchase of commodities, out-of-town travel expenditures and services not to exceed the maximum value of $~"0 $1,000. QUOTATIONS (PURCHASES BE'I'WEEN $1,000-$25,000) A. All purchases of commodities and contractual services Of a total estimated value in excess of one thousand dollars ($1,000) and less than or equal to the formal Bid Limit of Twenty-five Thousand Dollars ($25,000) may be mede in the open market without formal public announcement and without formal bid. All purchases not requiring formal competition shall be awarded by the Purchasing Director to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications. e "rc, -cc,.~ .............. ~,"C~L;;'~, ....... 1. Minimum Number uotes: P., ~; ~'r." .....~..~v.ve~n~ n~, u,,..~-'~ .,e~,~n~ ,,,~ c.~ ~ ....... Open market purchases or sales in excess of $1,000 but less than or equal to the formal competitive threshold shall be based on at least three (3) competitive quotes and shall be awarded to the lowest, qualified and responsive quote in accordance with the standards set forth in this Policy. 2. Solicitation of Quotes: The Director may solicit either oral or written quotes for open market pdcing or sale, using available bidders' and supplier lists. The Director shall determine in which instances quotations shall be solicited in wdting. Further the Director shall determine which agency (e.g,; Purchasing or the using agency) shall obtain the quotations. All quotes in excess of ~cvc~, ........ ......_.,.,-~ '~..~.,.v ,,'-..-'~-~-'..,,.,~ ten thousand dollars ~ $10,000 shall be tendered or confirmed in wdting by the vendor prior to purchase. 3. Public Record: The Director shall keep a record of all open market quotes submitted and such records shall be open to public inspection after award has been made. B. The requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials, periodicals, printed library cards, etc. 2. Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, a not.for-profit entity or when there are no other identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases. 4. Valid public emergencies or other instances deemed by the Director to be in the best interests of the County. FORMAL COMPETITIVE THRESHOLD (Pumhases in excess of $25,000) A. It is the int&nt of the Board of County Commissioners to establish an amount of Twenty-Five Thousand ($25,000) dollars as the County's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by agencies under the purview of the Board of County Commissioners, including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Board of County commissioners where permitted by law, under the following circumstances: 1. Single source purchases (pursuant to subsection C). 2. Valid public emergencies (pursuant to Section XX). 3. Where it is determined to be in the best interests of the County to do so. All purchases subject to formal competition shall be awarded by the Board Commissioners unless othen~ise delegated by the Board via formal public action. NO./U '~--- '~ DEC 11 2001 Pg._"~ .,, Exemption For Sinqle Source Commodities: Purchases of commodities and services from a single source may be exempted from formal competition upon certification by the Purchasing Director of both of the following conditions: 1. The item(s) is the only one available that can property perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements. All Single Source purchases in excess of the formal competitive threshold shall be exempted from formal competition by the Board. Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Purchasing Director, as permitted by law. Use of Past performance Data'. In order to promote the qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall be accomplished as follows: 1. The Purchasing Department shall be responsible for each of the following: a. Developing, implementing and maintaining appropriate administrative procedures, instructions and technologies necessary to collect and access vendor performance data. b. Ensuring that relevant past performance data is propedy gathered and considered prior to award of subsequent contracts. 2. Using agencies shall be responsible for each of the following: a. Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established pursuant to subsection V.D.la. b. Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as set forth in the administrative procedures referenced under subsection V.D.la. ~COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board. Bid limits fof~ requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever takes precedence. A. Notice Invitinq Bids.: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more.steps as permitted by law and deemed appropriate by the PurchasinB Director. 2. ~: The public notice required herein shall includ(~ a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured, and the time and place for opening bids. 3. Bidders' List: The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have requested their names be placed on a 'biddem' list", which the Director shall maintain, by sending them a copy of such a notice as will acquaint them with the proposed purchase or sale. Invitations sent to the vendors/contractors on the bidders' list shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Vendors/contractors may be removed from the bidders' list by the Director for continual non-response to bid requests. .- · · rned necessary by the Director, bid deposes sha!l.be, pr _~_~_t)~,~?~l~/A ZT.~[~ j" ,,,, Hu~,, ..... '---- · ' ' to return me oepes~s ul mitted The Director shall have the authority ,.,,, · . ', 2oo', pdor to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter into a contract within ten (10) working days after wdtten notice of award. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been mailed for formal quotations or an announcement has been posted for a formal sealed bid. a=-. Any addendum to a request for formal sealed bids shall be~ approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. t~.The Purchasing Department shall be responsible for insuring that all prospective bidders who have received specifications are notified of the addendum in wdting prior to opening of bids. B. Procedure for Bids: 1. Sealed Bids: Sealed bids shall be submitted to the Director and shall be clearly identified as bids on the outside of the sealed envelope. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department. Tabulation: A tabulation of all bids received shall be made by the Purchasing Department and shall be available for public inspection. Tie Bids: Where there are Iow tie bids, the award process shall first be subject to Section 287.017, F.S. Should a tie still exist among two or more bidders and if the purchase is funded in whole or in part with interagency grant funds, the tie shall be broken in accordance with the grant conditions or the grantor agency's procedure governing such matters. If no interagency grant funds are appropriated for the purchase and any one of the Iow qualified vendors has a principal place of business located in Collier County, the bid shall be awarded to the local bidder. Rejection Of Bids And Neqotiation: The Board Of County Commissioners shall have the authority to reject any and all bids. If the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. If no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. Waiver Of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids. Award Of Bid Contract: The Chairman, when authorized by majority vote of the Board or as othenvise provided for in this policy, shall execute formal contracts having a binding effect upon the County. Formal, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board Of County Commissioners to the lowest qualified and responsive bidder. In addition to the pdce shall be considered the following: 1. The ability, capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least lime, if appropriate, without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 1 DEC 1 1 ZOO! Pg° ~ ~ __ VII. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 6.The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for award for bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. Bidders competing for a prospective bid award (and their agents/representatives) will not be permitted to publicly or privately address the Board regarding a prospective purchase pdor to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. PROCUREMENT OF PROFESSIONAL SERVICES A. Because differences in pdce may only be a minor concern compared to qualitative considerations, professional services may be exempted by the Purchasing Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation. 2. Competitive Proposals (pursuant to Section VIII). B. ^ professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services - real and personal property appraisers. 2. Architecture, professional engineering, landscape architecture, or registered land surveying services (as per Section 287.055, F.S.). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Section 11.45, F.S.). 4. Consultants - planning, management, technological or scientific advisors. 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services - attorneys and legal professionals. 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. C. Requests exclusively for services defined under VII.B.2 will be procured in a manner consistent with Section 287.055, F.S., known as "The Consultant's Competitive Negotiation Act' as required by said statute. Projects may include the following: 1. Minor, fixed assignment contracts: A grouping of minor professional service (including construction inspection services) assignments. Procurement of these contracts shall be further subject to the following conditions: a. Each assignment must be specifically identified in the public notice. b. Contracts for a grouping of minor, §xed assignments shall have a maximum initial contract amount limit of $500,000. Each assignment shall have a maximum initial amount of $90,000. Each division administrator may authorize any assignment on behalf of the Board agency for their respective work areas where all of the following are true: 1) Where the originating term contract has been previously awarded by the Board of County Commissioners, and; No.~ i I DEc 1 1 2001 ! 2) Where the assignment does not cause the cumulative dollar value of previously authorized assignments to exceed the current contract amount, and; 3) The maximum initial dollar amount of each assignment does not exceed $90,000. Any contract and/or assignment that exceeds that amount subsequent to award and pdor to completion of the work shall be subject to the provisions of Section XIV. C of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. Minor, fixed term: Countywide agreements for vadous and miscellaneous minor professional services (including construction inspection services) on an as needed basis. Procurements of these contracts shall be further subject to the following: ao These agreements shall have a maximum initial term of two years. However, said time provision shall in no way, prohibit the completion of tasks or assignments properly initiated prior to, but not completed until after the cor~tract term. b. These agreements shall be. eligible for extension, or renewal subject to the provisions of Sections XlV.D and E, respectively. All minor, fixed term contracts and all assignments made in accordance with said agreements shall be subject to the same dollar limits set forth for minor, fixed assignment contracts under Section XII.C.1 .b. Major, fixed ass gnments: A grouping of substantially similar construction, renovation or rehabilitation activities. Procurements of these contracts shall be further subject to the following: ao Each assignment must be specifically identified in the public notice. Contracts for a grouping of major, fixed assignments shall have a maximum initial contract amount limit of $3,000,000. Any contract and/or assignment that exceeds that amount subsequent to award and pdor to completion of the work shall be subject to the provisions of Section XIV.C of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. General Professional Services: Includes administration, support and management of engineering, architectural, surveying and planning activities. These agreements shall have a maximum initial contract pedod of five years. However, said time provision shall in no way, prohibit the completion of tasks or assignments properly initiated prior to, but not completed until after the contract term. VIII. 5. Continuing Contracts: These contracts shall be defined in accordance with Subsection 287.055(1Xg) and shall be subject to the provisions of this resolution. For all service procurements in excess of the formal competitive threshold under the Competitive Selection and Negotiation method, authority to announce and distribute Requests for Proposals or Letters of Interest and Qualifications and to appoint and empower a selection committee shall be pursuant to Section VIII.B.3 hereof. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. Purchases for all professional services estimated to be equal to or less than the formal competitive threshold may be approved by the Purchasing Director, as permitted by law. Requests for outside legal services will be refer~ed to the County Manager and the County Attorney for review and comment as to whether said services are necessary and/or appropriate. Requests for outside legal services may be exempted from formal competition by the Board of County Commissioners at the request of the County Manager or County Attorney. COMPETITIVE PROPOSAI,$ Ao The Competitive Proposals process is a method of contract selection that may be ut~ze~_~ff~, ZT[~ -I-~ Purchasing Director under circumstances where one or more of the following conditits e"~s~~,~ ! / / _ | 1. Where qualitative considerations are of equal or greater concern than pdcing considerations. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award of a firm, fixed fee contract. 3. Where the'County is incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the qualified offer is asked to propose a commodity(s) or service(s) to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive proposals process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under Section VI except where othmwise stated in this section. The competitive proposals process shall proceed as follows: 1. A Request for Proposals (RFP) will be prepared and distributed in a manner consistent with the definition of said term found in Section 2 of Collier County Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the Purchasing Department at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the appropriate evaluation procedures and cfiteda to be applied to the selection of the best proposal among the respondents. For each RFP pertaining to the award of a design/build contract(s), criteda for the qualification and selection of firms and proposals shall include, but not be limited to the criteria set forth under Section 287.055, (10Xc), F.S., weighted for each project. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. For all purchases made under the Competitive Proposals method, the County Manager may empower the selection committee to designate and rank the top three proposals pdor to the commencement of negotiations and to negotiate a tentative agreement, subject to award by the Board. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law, the Purchasing Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. C. For purchases in excess of the formal competitive threshold, final selection of the awardee will be made by the Board of County Commissioners. D. Purchases less than or equal to the formal competitive threshold may be authorized by the Purchasing Director, as permitted by law and shall not require formal solicitation or announcement unless deemed necessary by the Purchasing Director. IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS.. A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a firm selected in a manner permitted under Section 287.055, F.S. and the procedures set forth in this section. B. For the purpose of this section, the following definitions shall apply: 1. A 'design/build firm' means a partnership, corporation, or other legal entity which is: a. Certified under Section 489.119, F.S., to engage in contracting through a cartirmd or registered general contractor or a certified or registered building contractor as the qualifying agent: and, b. Certified under Section 471.023, F.S., to practice or to offer to practice en~ineel;l~l~ 1¥£~ - ! under Section 481.219 F.S., to practica or to offer to practice artiteelur~ / DEC 11 2001'1 ? / ,?-I Pg. certified under Section 481.319 F.S., to practice or to offer to practice landscape architecture. 2. A "design-build contract' means a single contract with a design-build firm for the design and construction of a public construction project. A "design criteria package" means concise performance-oriented drawings or specifications of the public construction project. The purpose of the design criteda package is to fumish sufficient information so as to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design crifeda package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site, survey information concerning the site, intedor space requirements, material quality standards, schematic layouts and conceptual design criteda of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, storm water retention and disposal, and parking requirements, as may be applicable to the project. A "design criteria professional" means a firm that holds a current certificate of registration under Section 481 to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under Section 471 to practice engineering and who is employed by or under contract to the agency to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteda package. The design criteria package shall be prepared and sealed by a design cdteda professional employed or retained by the agency, tf the agency elects to enter into a professional services contract for the preparation of the design criteda package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of Section 287.055, F.S. The design criteda services of a firm under continuing contract may also be utilized if the project construction costs are estimated to be less than $500,000 and provisions for design cdteria services are included within or added to such contracts. All solicitations for professional services to prepare a design criteria package(s) shall inform the recipient firms of the following information: 1. A description of the project; 2. The work to be performed; Wdtten notification that the design criteria professional who has been selected to prepare the design criteda package shall not be eligible to render services under a design-build contract executed pursuant to the design criteda package. Upon completion of the Design Criteda Package, procurements of Design/Build services shall be processed in a manner consistent with Section VIII hereof entitled "Competitive Proposals'. Administrative procedures shall be established by the County Manager or his designee for utilization of the design criteria professional concerning the evaluation of the proposals submitted by the design/build firms, the supervision or the approval by the County of the work drawings of the project and evaluation of the project construction with the design criteria package. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using agency to negotiate an agreement for Board approval with the best qualified design-build firm available at that time. Small and Disadvanta.~ed Minority and Women Business Enteror!.'~- Policy Statement: Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County will require its vendors, consultants, contractors and subcontractors to provide qualified small businesses and DBE's with an equal o1~3o~ ZT[M participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the basis of gender, race or national odgin, or other such factors, but rather to help ensure that small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and subcontractors have an equal opportunity to participate in the County's formal competitive processes. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender, race, national origin or any other such factor. Definitions: For purposes of this policy, the term "small business' shall have the same definition as set forth under Section 288.703.(1 ), F.S. The term "DBE" shall include any 'small business' as defined pursuant to Section 288.703(1) that is at least 51 percent owned or controlled by a person or persons defined as "socially and economically disadvantaged' individuals pursuant to Section 14-78.602(18), F.A.C. Reference to these definitions, however, shall in no way be construed to provide that the County has adopted or is subject to the provisions of the Statute or Code referenced herein. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: 1. Designate the Purchasing Director to administer this policy. 2. Utilize outreach programs to identify, register and educate small businesses and DBEs, MBEs and WBEs to participate in the procurement/contract process including, but not limited to: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises. c. Utilizing publications aimed at reaching these enterprises. d. Utilizing directories and other reference sources that list these enterprises. e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. f. Other actions designed to identify these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to pa~icipate in the Count, s procurement process. Conformity with Applicable Law: The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law, federal law shall supersede such state law. XI. PAYMENT OF INVOICES It is the intent of the Board of County Commissioners that all agencies under its purview be in compliance with Section 218.70 F.S., otherwise known as the 'Florida Prompt Payment Act'. Pursuant to this, the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. Xll. XlV. It shall be the responsibility of the Collier County Finance Director, in consultation with the Purchasing Director and using agencies, to establish, distribute and administer procedures for the timely payment of all transactions as defined under XI.A hereof. Such procedures shall include, but not be limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and formally notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. Each December, the Finance Director and the Purchasing Director shall submit a joint report to the Board listing the number and total dollar amount of interest penalty payments made dudng the preceding fiscal year. PAYMENT OF DUES FOR MEMBER HIP IN PROFESSIONAL ORGANIZATION County funds may be used to pay for dues for membership in a professional or other organization provided that such expenditure meets the following criteria: 1. Such membership is deemed necessary to meet duties and responsibilities required by Federal, State or local mandate or to facilitate proper professional development. 2. The organization of membership is of a non-profit nature. 3. Sufficient funds are available within the proper appropriation unit/summary code. STANDARDIZATION, COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS A. Where standardization is determined to be desirable by the Director, the purchase of commodities may be made by negotiation with the approval of the Board of County Commissioners if more than the competitive bid limit or by the County Purchasing Director if less than or equal to the competitive bid or negotiation threshold. B. The Director shall have the authority to join with other units of government in cooperative purchasing ventures pdor. or subsequent to award when in the best interests of the County. If funds have already been budgeted, no further Board action will be required. C. Purchases made under the State of Florida and Federal GSA contracts will be governed as follows: Above $25,000: Require Board approval and prior review by the Purchasing Director or his designee. $25,000 or less Require the prior approval of the Purchasing Department. $1,000 or less: Require the prior approval of the authorized signatory. CONTRACT ADMINISTRATION A. _Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. 3. A provision specifying the terms of cancellation by the County and where applicable, a A~NOA provision specifying the terms of renewal. No.__~..~.,~--~ 4. Where applicable; a provision establishing the appropriate types and levels of insurance to be carried by the vendor· Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 5. Where applicable, pursuant to Section 287·32 F.S., a provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989· A purchase order that embodies these provisions shall be sufficient documentation of the procurement. The Purchasing Director shall have the discretion to determine the circumstances under which a purchase order (and all documenta Included by reference) shall serve as the contract document. ~: Every procurement of services shall be administered by the using agency (requesting department). Contract Chanoe~: Change orders, supplemental agreements, amendments and changes by letter to a Board approved purchase or contract may be approved by the County Manager or his designee, to the extent permitted by law, provided that the change (or the sum of the changes) amounts to 10 percent or less of the current Board approved amount. The Purchasing Department shell be responsible for establishing and maintaining formal definitions and administrative procedures for each of the change instruments referenced in this section and shall be subject to the provisions of this section. All contract changes approved by the County Manager or his designee shall be subject to the limits or any applicable federal or state law. These provisions shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the using agency(les). Such purchases shall be subject to all other provisions of this policy. Change orders, supplemental agreements or amendments that increase the total contract amount beyond ~ the limits set forth above shall require the approval of the Board of County Commissioners or as otherwise provided for in this policy. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended change ordeflsupplemental agreement without requiring further competition. P d "' rccc. utc: ........ dc~i.~c-'t-t:r.G .... d*~-'''*r' usc. v, chcc,.3c. c:.3rcc, mc,:',t.c ....... c ......... [~, ....* d ': Purc,hc.'~:r'.§ .......... D. Contract Extension: Extension(s) of a Board.approved contract for commodities or services may be requested by the contract manager to the Purchasing Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the initial contract. The Purchasing Director shall hav.e the authority to issue all such extensions. cr ..... c,:~-~c,c. ~.~,y c.u~c.c.-uc~, c~.c.~=~c~," Any extension(s) that exceed slx montl~ (cumutatlvely) shall be approved by the Board of County Commissioners. Extensions of contracts awarded by the Purchesing Director that do not subsequently exceed the formal competitive threshold may be approved by the Purcheslng Director without Board ection. E. Contract Renewa}: The Purchasing Director shall be authorized to renew contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Director has received a request to renew from the Contract Manager verifying the Contractor's satisfactory performance. 2. That the agreement is renewed subject to the terms and conditions set forth in the initial contract. Costs and terms of any contemplated renewals are included in the invitation to bid or request for proposals. That the renewal is done on an annual basis, commencing at the end of. th9 initm=l ---t sac,', co""ac's m°"" % ! competitively procured. ~ 1 1 Z~l ~ Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. Contract Approval: All formal, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases less than or equal to the formal, competitive threshold may be approved by the Purchasing/General Services Director, or his designee, subject to the review, and approval for legal sufficiency by the Office of the County Attomey. XV. PERFORMANCE AND PAYMENT BONDS A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Flodda may be sufficient in place of the performance bond if so provided for in the bid and contract documents. NI such bonds or letters of credit shall be approved as to form by the County Attorney. XVI. UNAUTHORIZED PURCHASES No County officer or employee shall intentionally order, other than by Field Purchase Order, the purchase of any commodities or services, or make any contract within the purview of this policy other than through the Purchasing Director. Any purchase order or contract made contrary to the provisions hereof shall not be approved and the County shall not be bound thereby. All purchases made within the provisions of this Policy shall be made with a Field or Regular Purchase Order, whichever is appropriate. ^. Exceptions: This section shall not apply to the payment of premiums for insurance policies that have been acquired through prior Board action. This section shall not apply to nor supersede Resolution Nos. 86-30, 86-209 and 87-16. XVII. PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this Policy. XVIII. PROTEST OF BID OR PROPOSAL AWARD The purpose of this section is to accommodate legiUmate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds pdor to award of contract by the Board of County Commissioners. Any actual or prospective bidder or respondent to an Invitation for Bids or a Request for Proposals, who alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as 'the protesting party") may protest to the Purchasing Director, who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. NI formal protests with respect to an Invitation for Bids or a Request for Proposals shall be submitted to the Purchasing Director in writing not less than four hours prior to the opening of bids or the closing time for acceptance of proposals. The Purchasing Director, in consultation with the contract manager, shall have the authority to address all such protests received under subsection B and to determine whether postponement of the bid opening or proposal closing time is appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files a subsequent formal protest of the recommended contract award as described under this section. Do Any actual or prospective bidder or respondent to an invitation for bids or a Request for Proposals who desires to formally protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that thfl pnth-~ nf ir~,~ _- - to protest is received by the Purchasing Director. / No. /(,, -~"~ / DEC 11 2001 The formal protest shall contain, but not be limited to the following information: 1. Name and address of County agency affected and the bid number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of matedal fact. If there are no disputed matedal facts, the written letter must so indicate. 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. 5. A demand for the relief to which the protesting party deems himself entitled. 6. Such other information as the protesting party deems to be matedal to the issue. E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. Neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners or any independent hearing officer (where applicable) regarding the protest prior to the protest being heard or reviewed by either of the aforementioned unless requested to do so by the Purchasing Director. F. The Purchasing Director shall review the merits of each timely protest and in consultation with the contract manager, issue a decision stating the reasons for the decision and the protesting party's dghts of appeal under section XVIII. Said decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision of the Purchasing Director shall be final and conclusive unless the protesting party delivers a subsequent written objection to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays from the date of receipt of the decision. G. In the event of a subsequent objection pursuant to subsection F, the County Manager shall have the discretion to appoint an independent hearing officer to review the facts relevant to the protest. The appointed officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a finding of fact and a opinion in writing to the County Manager for submission to the Board of County Commissioners. Pdor to commencement of the hearing, the protesting party shall be required to post a cash surety in an amount equal to one (1) percent of the using agency's estimate of the contract amount or one-thousand dollars ($1,000), whichever is less. Should the Hearing Officer find in favor of the County, the protesting party shall forfeit the surety as partial payment for undue delay. Otherwise, the surety will be returned to the protesting party. H. In the event that the protest cannot be resolved by mutual consent, the matter will be referred to the Board of County Commissioners for final resolution. I. Failure to file a formal protest within the time and manner prescribed by Section XVlII shall constitute a waiver of the dght to protest by any protesting party as defined by subsection A of this section. XIX. CONTRACT CLAIMS All actual or prospective claims arising against the County from contractom, vendors or any other party in direct privity with the County to provide commercial commodities or services shall first be directly addressed by the parties' edministrative representative~ in a manner consistent with the agreement between the partle~. All claims pertaining to agreements Including constru.ctio_n s .eWices .s.h.all he subject to alternative dispute resolution procedures as sat forth unaer t;ounty r~oluuon # 01-339 or its successor enabling resolution(s) and the thresholds established therein. For all other prospective or actual claims or disputes ~ ,u.bject. t~.. the resolution procedure referenced herein, the Purchaslng. uI .rs,~.r sna!l n.a~v~e,__, arbi;z.;.e or mediate the claim or dispute or may appoint an inaepenoent mira pr,zy~.z=~u~.~_, ~.(~ i within the authorization threshold limits of this policy. 2. Thc. ri:m: d 6. ~d dfc ......... "c ...... " ..... ' t~ d ................... ,, c~ ........ appcc[tc thc Ccuntl M:ncGcr. Thc :pp=;nt:d EMERGENCY PURCHASES A. By County Manacmr: In case of an emergency which requires immediate purchase of commodities or services in excess of the formal competitive threshold, the County Manager shall be empowered to authorize the Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to act in the case of any emergency including the issuance of emergency change orders/supplemental agreements. Any emergency action shall be reported at the first available regular or special meeting of the Board of County Commissioners. The County Manager shall further be authorized to approve payment(s) to vendors at the time °f or shortly atter PU'F°°.~,'X~ ~ t( I circumstances warrant. ' - I DE(; 1 2001 i B. ~y Purchasing Director: In case of any emergency which requires immediate purchase of commodities or services equal to or less than the formal competitive threshold, the Purchasing Director shall be empowered to secure such services and commodities by open market procedure as herein set forth. Such action shall be reported immediately to the County Manager when appropriate. This section in no way constrains the provisions of Collier County Ordinance No. 84-37. XXI. INSPECTION AND TESTING The Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of supplies or services to determine their conformance with the specifications set forth in an order or contract. A. Inspection by Using Agency.: The Director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries mede to such using agencies under rules and regulations which the Director shall prescribe. B. Testing: The Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. In the performance of such tests, the Director shall have the authority to make use of laboratory facilities of any agency of the County or of any outside laboratory. SURPLUS SUPPLIES AND TANGIBLE PERSONAL PROPERTY_ All using agencies shall submit to the Director, at such times and in such form as shall be prescribed, reports showing stocks of all tangible personal property which are no longer used or which have become obsolete, worn out or scrapped. A. Transfe!: The Director shall have the authority to transfer surplus stock to other using agencies. B. Sale: The Director shall have authority to sell all supplies of a value less than the limits proscribed under Chapter 274 F.S., which have become unsuitable for County use, or to exchange, or trade-in the same, for new supplies. Sales under this section shall be made to the highest responsible bid and in conformance with Chapters 125 and 274, F.S. All such sales are to be recorded in official Board minutes, as required by statute. Sales equal to or in excess of the referenced statutory limits shall require prior approval of the Board of County Commissioners. _CENTRAL STORES_ The Director shall control and supervise storerooms and shall administer the same. A. Accountinq Procedure.: Requisitions for supplies from Central Stores will be credited by the Purchasing Department to the storeroom's revolving fund by a charge against the appropriation of the using agency, or by Invoice. B. Inventory: The Director shall maintain a perpetual inventory record of all materials, supplies or equipment stored in storerooms. XXIV. COPIER PROGRAM.. Ail common photocopying functions will be under the direction of the Purchasing Director. The Purchasing Department shall carry out the responsibilities of the purchasing equipment and supplies, regulations, service and maintenance, maintaining records and furnishing the Finance Department with necessary data to equitably charge using departments for copying services. Copiers used to benefit a sole user are exempted and are the responsibility of the using department. SEVERABILITY If any one or more of the provisions of this Policy should be hell contrary to any provision of law or _ __ contrary to express law, though n°t expressly prohibited' or against Public p°licy' s(~r shlMti':/l~arl~[~4 - [~/ reason whatsoever be held invalid, then such provision(s) shall be null and void and all II~.~aal:l~ XXVI. severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy. REPEAL PRIOR AND CONFLICTING All resolutions and policies or parts of resolutions and policies, in conflict herewith, be and the same are hereby repealed. XXVIII. EFFECTIVE DATE An official copy of this Policy shall be filed in the office of the Clerk to the Board of County Commissioners immediately after enactment and this Policy shall take effect at that time. CONFLICT OF INTEREST When procuring commodities or services using County funds, each entity and emloyee under the purview of the Board of County Commissioners shall comply with all applicable state and federal laws concerning conflict of interest. For state or federal Community Development Block Grant-funded projects, entities and employees shall comply with the requirements of Part 85, Section 36(bX3) of the Housing and Urban Development Code. 16 DEC 1 1 2001 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND NON-EXCLUSIVE ACCESS EASEMENT BETWEEN THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY AND COLLIER COUNTY. OBJECTIVE: To obtain Board approval of an Easement Agreement and Non-Exclusive Access Easement with the District School Board of Collier County ("School Board"), which provides the County with signalized contingency access to future emergency service facilities, located on Santa Barbara Boulevard approximately one-half mile north of Davis Boulevard. CONSIDERATIONS: The School Board previously acquired a 37.56-acre parcel of land located just north of the intersection of Santa Barbara Boulevard and Davis Boulevard. Upon completion of a site development plan, the School Board determined that the proposed facility would require only 24.562 acres, thereby resulting in a surplus of 12.998 acres. Earlier this year, the County purchased seven of the surplus acres from the School Board for construction of emergency service facilities, and under a separate Executive Summary, staff requested approval to acquire the remaining 5.998 acres. The combined 12.998-acre site will be reconfigured to'locate the future emergency service facilities in the northern sector of the property and storm water retention and drainage facilities needed for the Santa Barbara Boulevard road widening project, Project No. 62081 in the southerly portion. In order to provide contingency access to the future emergency service facilities, the School Board and the Collier County Emergency Services Division are proposing the shared usage of the school's entrance road located north of and abutting the 5.998-acre site. An Easement Agreement and Non-Exclusive Access Easement ("Agreement") will establish an easement to the County, at no cost to the County. The County will be responsible, however, for a portion of the road's maintenance expenses based upon the actual amount of the County's usage. (The specific terms and provisions are contained in the Agreement, which is attached hereto.) FISCAL IMPACT: The costs of the acquisition (title commitment, title policy and recording fees) should not exceed $500, These expenses have been budgeted in the EMS Impact Fees (Fund 350), Station 19 (Project No. 80118). Since the School Board site and the emergency services site are currently in the developmental phase, the cost-sharing expenses for the paved entrance road have not been determined. These costs, resulting from the traffic attributable to the parties over and across the paved roadway, will be paid as a budgetary expense in conjunction with the annual operations of EMS Station 19 and subsequent governmental facilities located at this site. GROWTH MANAGEMENT IMPACT: This acquisition is consistent with the County's Growth Management Plan. AGENDA_ITEM ' Nc~._ /4;,'~ / DEC 11 21501 EXECUTIVE SUMMARY Easement Agreement Page 2 RECOMMENDATION: That the Board of County Commissioners, contingent upon approval by the District School Board of Collier County: Approve the attached Easement Agreement and Non-Exclusive Access Easement for the shared usage of the School's entrance roadway (a copy is attached for reference); and Authorize the Chairman to execute the Easement Agreement and Non-Exclusive Access Easement, on behalf of the Board of County Commissioners; and Authorize staff to prepare the related vouchers and warrants for payment in accordance with the Easement Agreement and Non-Exclusive Access Easement; and Accept the easement conveyance established in the Easement Agreement and Non-Exclusive Access Easement; and Authorize staff to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED B~~.~..-,,,,~ ~-~,.,.~ DATE: ~'~/ i~e~~ ~j. De p art m° ~c~r~Specialist ~"vin H~~,-Real ~ro~~isor ~ R~I Prope~anagemenl ~a~ 3ent - . Charles E. Carri~t&n, Jr~;~A, Director ~1 Prope~ Management Depa~ment / Steve Epfight, ¢~and~ Emergen~ Medi~l Se~i~s Depa~ment AGENDA ITEM Ne. ,/~./= ~ I DEC 11 2001 pg ...... ,o~ EXECUTIVE SUMMARY Easement Agreement Page 3 REVIEVVED BY: APPROVED BY: je.~,~i~/Directdr of Operations Erffergency Medical Services Department Thomas Storrar, Administrator Emergency Services Division DATE: DATE: A(~ENDA []'E~ DEC 11 2001 PROIECT: Sams Barbar~62011 FOLIO: School Board- Access EASEM~NT AGREEMENT AND NON-EXCLUSIVE ACCESS EASEMENT THIS F..ASEMENT AGREEMENT AND NON-F..XCLUSIVE ACCESS EASEMENT (herei~r referred to as the "Agreement") is made and entered into by and bet~veen the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (bete~ refen~ to as "Cn-antof'), whose post office address is 3'710 Estey Avenue, Naples, Florida 33942, and COLLIER COUNTY. A STATE OF FLORIDA, its successors and assigns, whose mailing POLXrlCAL SUBDIVISION OF THE . (hereinafter referred to as "Grantee"). addre~ is 3301 Tamiami Trail East. Naples,,Flonda 34112 W1TNESSETH: WHEREAS, Grantor is the owner of that certain real property {egally described on Exhibit "A" attached hereto and made a pan hereof ("Grantoes Property"); and WHEREAS, Grantee is purchasing from Grantor that certain real propercy legally described on Exhibit "B" atta~bed hereto and made a part hereof ("Grantee's Propm'ty"); and WHEREAS, Grantee has requested that Grantor convey to Grantee a perpetual, non-exclusive access easement for the purpose of ingress and egress over, upon and across that pomon of Grantors Property described on Exhibit "C" to and from Grantee's Property (the "Easement Area"); and ~, Grantor has agreed to convey, at no cost to the Grantee, a perpetual, non-exclusive access easement for the purpose of ingress and egress over, upon and across the Easement Area; and ~S, the easement granted herein shall constitute easements running with the land and shall burden the lands described on Exhibit "C"; and ~, the land described on Exhibit "C" is not homestead property of the Grantor;, and WI-IEREAS, Grantee has agreed to construct an access connection on the terms and conditions contained berem between Grantee's ~ and the future access road to be conwaucted by Crrantor in the Easement Area; and WHEREAS, during Grantee's construction of the access connection, Grantee shall not impede Grantor's current use of the Easement Ax-..a. as a mode of ingress and egress to Grantor's school facility; and · WHEREAS, Grantee agrees thai Grantor shall be required to approve the location of the access connectio~ in conjunction with Grantee's transpmxation standards for access management; and WHF~EAS, Grantor shall not mareasonably delay the approval of the location of the access connection; and ~, Grantor agree~ to convey, at no cost to Grantee, temporary construction easements to Grantee in order to complete access improvements to Grantee's Property on the terms and conditions contained he. in; and NOW, THEREFORE, in consideration of the.se ptvanisea, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receilx and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parti~ as follows: 1. The foregoing recitals are uae and correct and incorporated herein by this reference. - ve"s ~-ta bargains and sells maw Grantee, a perpetual, non-exclusive 2. orant, or co.n.., y ,; ~..~,_ ....... ~ ....,~o.-~i~.~ inovess and egress to and from Grantee' s easement, license, ann priv/lege lor vem~m~ ~ ~,~-~ ~-- Pawed ove~ and acrosz the dfi~way to be constructed by Grantor on the Easement Are~ AGENDA ITEM No. /~.~ I I DEC 1 1 2001 3. Grantee shall be responsible at its sole cost and expense for the consm~clion of an access connection between Granme's Property and the future road to be constructed by Grantor within the Easement Area (the "Access Connection"). During Grantee's comtruction of the Access Connection, Grantee droll not impede Grantor's current use of the Easement Area, as a mode of ingress and egress to the Grantor' s school fac/livy or impede any construction activities of Grantor within the Easement Area. 4. Grantor's construction activities shall no~ unreasonably impede the Granme's cons~'uction of the Access Connection or use of the Easement Area and Access Connec'dnn. 5. To ensure cominued and unimpeded access by Grantor and motorist and pedes~ safu~, Grantee agrees ~o submit to Grantor a design plan for the Access Conue~on (including any future m~2dificafions) for Gi-amor's review and consent, which consent shall noi be unreasonably delayed or withheld. All design plans shall meet generally acceptable engiueering standards and practices so as to provide for motorist and pedesu'ian safety. (a) The parries he~to'acknowledg~ that tinz is of the essence in obtaining Grantor's approval of aucess connection plan so that constniction may commence and proc~exi according to scheduling, and Granior agrees to use all due diligence in review and consent of the proposed plans. 6. G-range agrees that tbe Access Connection and any furore improven~mts or modifications thereto made by the Grantee, which ar~ implemented or conslructed in accordance with the plans to be approved now or in the future pursuant to preceding paragraph, shall be made al the sole cns~ and expense of the Grantee. 7. Grantor agrees to convey, at no cost to the Grantee, any necessary temporary construction easements to the C_n'antee in order to complete the Access Connection, provided, that such temporary easements are approved in accordance with Paragraph #5 above. No construction of the Access Connection shall commence until such time as the plan for the Access Connection has been approved. Upon completion of construction, Grantee shall restore, replaz¢ and/or repair any landscaping, fencing or irrigation ,t~rr~ged or removed by Grantee, or it's agents or con~ractors, during conslruction. In addition, any damage to the Grantor's property caused by the C~anme as a result of the consu'uction of the access connection shall be repaired or corrected at the expense of the Grante~. $. Grantor will be solely r~,sponsible for the maintenance of the Easement Area; provided; however, that the Grantee shall share in the cost of maintenance of the paved roadway only (including but not limi~.d to paving, striping, and sealing), which is utilized by the Grantee and is located within the Easement Area, based upon the estimated percentage of ~nffic attributable to each of tim parties over and across the paved roadway. The Grantor shall provide reasonable notice to the Grantee as to any maintenance activities and the es6mated cost of said mnintenance activities. The parties may agree to hire an engineer or other consultant acceptable to all parries to perform a traffic study to determine the percentag~ of u'affic attributable tn each of the parties for purposes of this paragraph. 9. To the extent permitted by law, Grantee shall indemnify, defend, save and hold harmless the Grantor, the Grantor's officers, agents and/or employees from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, liability, or dem_h which may result from any willful misconduct or negligent act, error, or omission of the Grantee which occurred or is alleged to have occurred concerning the use by Grantee of the Easement Area. This indemnification provision shall not be construed as a waiver of any limitation of liability to which the Granta~ may be entitled under Section 768.28, Florida Statutes. 10. In the event thai Granum's Parcel shall ever cease to be owned or used exclusively by Grante~ or any governmental enfivy, this Agreement shall automatically terminate and the easement contained herein shall be of no further for~ or effect 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is execuu.'d by both parties and shall inure to the benefit of and be binding upon the parties hereto and their reapective heirs, executors, personal ~tativns, successors, succeasor trustees, and/or assignees, wben-'ver the context so requires or admits. 12. Conveyance of the Easement Area by Grantor is contingent upon no other provisions, conditions, or pr~mises otbe~ rhsn those so stated above; and the written Agreement, including all exhibits auached ht.~reto, shall comrimte the entir~ Agreement and understanding of the parties, and ther~ am no other prior or contemporaneom written or oral agreements, undertakings, promises, warranties, or covenants nol contained herein. AGENDA ITEM No. /~;F / I DEC 11 2001 13. Grantor may impose r~asonable restrictions and/or requirements in connection with the uae of tbe Easement during periods of the construction of the access connection, including limiting the time for delivery of materials, fencing or other requirements as may be deemed necessary by Grantor in order to facilitate the operations of Grantor's school facility or the safety of its students. 14. ' This Agreement is governed and construed in accordance with the laws of the State of This Agreement shall be recorded in the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the undersigned parties have caused these ptesems to be executed this day of ,20~. DATE ACQUISITION APPROVED BY B, CC: AS TO GRANTEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMIVII$$IONERS COLLIER COUNTY, FLORIDA , Deputy Clerk JAMES D. CARTER, PH.D., Chairman AGENDA ITEM No. lt./~ [ DEC 11 2001 .4~S TO GRANTOR: DATED:. (Signature) (Prinmd Name) (Signature) .(prin~i Name) DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA BY: ANNE GOODNIGHT, Madame Chah' STATE OF FLORIDA ) COUNTY OF CO! .~ mR ) The forgoing insumment wa~ acknowledged before me this day of 2001 by ANNE GOODNIGHT, Chair, District School Board of Collier County, Florida, The School Board of Collier County, Florida, who ( ) is personally known to m~ or ( ) has produced as iden~icarion. (SEAL) NOTARY PUBLIC Name:. My Commission Expires: ATTEST: Superintendent of Schools and Ex-Officio Secrr, m~ (Print Name) Approved as to form and legal sufficiency: Hcidi F. AshWn Assista~ County Attorney A~F..NDA ITEM .LEGAL DES CRiYi'iON All that pan of Section 4, Township 50 South, Kange 26 E~st, Collier County, Florida, being more particularly described as follows: The Northwes~ one-quarter (1/4) of the Southwest one-quarter (1/4) of said Section 4 less and except the following:. The Westerly 60 feet of the Northwest on¢-~luarter (1/4) of the Southwest one- quarter (1/4) of said Section, and The Bast 40 feet of the West 100 fec~ of the North 300 feet of the South one-half (1/2) of the Northwest one-quart.er (1/4) of the Southwest one-quarter (1/4) of sa/d Se~lion, and The South 30 feet of the Southwest one-quarter (1/4) of the Northwest one-quarter (1/4) of the Southwes~ one-quarter (1/4) of s~dd S~ction 4 less the Westerly 100 feet. Comm~ at the West Quartzr Comer of S,~-~lion 4, Township 50 South, R~go 116 ~ Collier Cou~y, Florida, thence N 89'36'57' E 60.00 fi~'t to the POINT OF BEi3]lqNIN~,, th~ce continue N $9' 36'57' In: 40.00 fueg thence S 00°14'52' E 12.0.00 fee~.; thence N 89°36'57' E 303.47 feet; thance 00'00'12' E 773.48 feet; ~ S 89°43'08' W 300.17 feet; thence lq 00° 14' 52' W 195.1t k thence S 89° 40~3' W 40.00 feet; thence N 0° 14'52" W 697.76 fe~t to the POINT OF · IiEGilqNING. A(3ENDA ITEM No. /,'- ,~ ! . 'DEC 11 2 0! F)g' ~;> TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLOR.IDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89'36'Y~'E 60.00' 4000' V.OC. . w 114 CDR. SEC 4, TWP 50 S RGE 26 E > o .< · N 89-36'57"E 303.47' 5.998 ACRES S 89'40'03"W / 40 0CI' ;' SRO°'~'~R"'.V t0ft 17' _ SCIIOOL PARCL:L 60821' E.M.S. PARCEL LEGAL DESCRIPTION COMM ,~NCE AT TIlE WEST QUARTER CORNER OF SECTION 4, TOWNSIIiP 50 SOUTII, RANGE 26; EAST COLLIER COUNTY, FLORIDA, TIIENCE N 89'36'57' E 60.00 FEET TO TIlE POINT OF BEGINNING; TtIENCE CONTINUE N 89'36'57" E 40.00 FEET; TI IENCE S 00°14'$2' E 120.00 FEET; TI I ENCE N 89'36'57 · E 303.47 FEET; TIIENCE $ 00'00'12' E 773.48 FEET; TIIENCE S 8~4Y08" W 300 17 FEET; TIIENCE N 00'14'52" W 195.13 FEET; TI IENCE S 89-40'03" W ¢0.00 FEET; TI I ENCE N 0°14'52' W 69'7.76 FEET TO TIlE POINT OF BEGINNING. CONTAINNING 5.998 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2} P.OB. = POINT OF BEGINNING 3):SEC. = SECTION 4) TWP. = TOWNBHlla 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLE,.~S SlG~EO AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR EXHIBIT_ PREPARED BY: ...~//.7 ~ O COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES. FLORIDA 34112 OCTOBER 9. 2001 SBSCD SHEET 1 OF 1 AQEND~ ITEt No. ,,~. ,~ 1 DEC 11 2 001 T1L~NSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 7'74-8192 SKETCH OF DESCRIPTION NOT A SURVEY SCHOOLPARCEL 608.2 ~' E.M.S. PARCEL LEGAL DESCRIPTION COMMENCE AT THE Writ QUARTER CORNER OF sECTION 4, TOWNSHIP 50 SOUTIt, RANGE 26; EAST · . POINT OF BEGINNING; T{ IENC~ COLLIER COUNTY, FLORIDA, TIIENCE N 89"'06'5'7 E 100.00 FEET TO THE CONTINUE N 89'36'$7' E 303.98 FEET; THENCE S 00'000'I2" E 120.00 FEET; TI~ENCE S 89'36'5'/' w 303.47 FEET; THENCE N 00'14':{2' W t20.00 FEET; TO TI. IE POINT OF BEGINNING. cONTAINNING 0.837 ACRES MORE OR LESS.. GENERAL NOTES 1 ) P.O.G. = POINT OF COMMENCEMENT 2) P.O,B = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RCa5. = RANGE 8) R/W = RIGHT OF WAY T} ALL OISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR FILE NO. OATE NOT TO SCALE NOVEMBER 26, 2001 SBAE PREPARED BY: /. ' /~g~--R-~E R. RICHMOND P.L.S. 2406 r/comER cou.w PUBL,C WOa. S SHEET 1 OF 1 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of December 11, 2001 General Fund (001) _ State Attorney's Office Budget Amendment 002-077 Capital: Data Processing Equipment $1,774 Reserves Reserve for Contingencies (i,774) Total: -0- Explanation: Funds are needed to pay for 2 monitors ordered in September, 2001 but not received until October 1, 2002. FY01 budgeted funds were not rolled into FY02 as a prior year appropriation. AGENDA ITEI~ DEC 'I 1 2001 EXECUTIVE sUMMARY RESOLUTION OF THE BOARD OF coUNTY cOMMISSIONERS OF COLLIER cOUNTY, FLORIDA, AMENDING RESOLUTION NO. 01-456 IN CERTAIN RESPECTS WHICH RESOLUTION NO. 01-456 AUTHORIZED THE ISSUANCE OF THE CoUNTY'S CAPITAL iMPROVEMENT REVENUE BONDS, SERIES 2001; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution as the previously approved Capital Improvement Revenue Bonds will not be issued until calendar year 2002. CONSIDERATIONS: On November 27, 2001, the Board of County Commissioners of Collier County, Florida duly adopted Resolution No. 01-456 that authorized the issuance of the Issuer's Collier County, Florida Capital Improvement Revenue Bonds, Series 2001. At the time the Supplemental Resolution was approved by the Board, it was anticipated that the Bonds would be priced and issued during calendar year 2001 and, accordingly, the Board provided the Bonds pursuant to the Supplemental Resolution with the series designation of "Series 2001". Due to current market conditions for tax-exempt obligations such as the Bonds, it is now anticipated that the Bonds will be issued in calendar year 2002 and the Board finds it necessary and desirable to amend the Supplemental Resolution so that the series designation for the Bonds corresponds to the calendar year in which the Bonds are issued. FISCAL IMPACT: There is no Fiscal Impact as this Executive Summary merely changes the c~endar year in whi~ch bonds will be issued, GROWTH MANAGEMENT IMPACT: with this Executive Summary. RECOMMENDATION.: That the Board of County Resolution. Prepared by: ~ Mig~aael Smy~owFnki, QMB Director There is no Growth Management Impact associated Commissioners adopt the attached DATE: AGENDA ITEM No 2001 RESOLUTION NO. 01- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 01-456 IN CERTAIN RESPECTS WHICH RESOLUTION NO. 01-456 AUTHORIZED THE ISSUANCE OF THE COUNTY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2001; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On November 27, 2001, the Board of County Commissioners (the "Board") of Collier County, Florida (the "Issuer") duly adopted Resolution No. 01 456 (the "Supplemental Resolution"), which Supplemental Resolution supplemented Resolution No. 85-107 of the Issuer (as amended and supplemented, the "Bond Resolution") and authorized the issuance of the Issuer's Collier County, Florida Capital Improvement Revenue Bonds, Series 2001 (the "Bonds"). (B) At the time the Supplemental Resolution was approved by the Board it was anticipated that the Bonds would be priced and issued during calendar year 2001 and, accordingly, the Board provided the Bonds pursuant to the Supplemental Resolution with the series designation of "Series 2001". (C) Due to current market conditions for tax-exempt obligations such as the Bonds, it is now anticipated that the Bonds will be issued in calendar year 2002 and the Board finds it necessary and desirable to amend the Supplemental Resolution so that the series designation for the Bonds corresponds to the calendar year in which the Bonds are issued. SECTION 2. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act (as defined in the Bond Resolution) and the Bond Resolution. SECTION 3. AMENDMENT TO SUPPLEMENTAL RESOLUTION. The Supplemental Resolution is hereby amended by replacing each and every reference to "Series 2001" with "Series 2002". SECTION 4. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this supplemental resolution, the Supplemental Resolution or the Bond Resolution or desirable or consistent with the requirements hereof, the Supplemental Resolution or the Bond Resolution for the full punctual and complete performance of all the terms, covenants and AGE!~D~ ITEM agreements contained herein, in the Supplemental Resolution or in the Bond Resolution and each member, employee, attorney and officer of the Issuer or the Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. SECTION 5. SEVERABILITY AND INVALID PROVISIONS. If'any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable fi:om the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds. SECTION 6. BOND RESOLUTION AND SUPPLEMENTAL RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Bond Resolution and the Supplemental Resolution and all the terms and provisions thereof are and shall remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. (SEAL) ATTEST: DULY ADOPTED, in Regular Session this 11t~ day of December, 2001. COLLIER COUNTY, FLORIDA By: Chairman, Board of County Commissioners By: Clerk, Board of County Commissioners Approved as to Form and Legal Sufficiency:. cOunty Attorney AGENDA l, ~M No.~~._ DEC 11 ZOO1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 7, 2001 - November 13,2001 2. Disbursements for November 14, 2001 - November 20, 2001 Districts: Naples Heritage Community Development District - Minutes of July 16, 2001, Minutes of November 5, 2001. Mediterra South Community Development District- Minutes of August 2, 2001, Minutes of August 22, 2001, Independent Auditors Report - FY September 30, 2001, Management Letter, Schedule of Regular Meeting FY 2001-2002, Financial Statement Unaudited July 31,2001 and District Map Big Cypress Basin Board of the South Florida Water Management District -Minutes of November 2, 2001, Agenda for Thursday Dec. 6, 2001 DEC 1 1 2001 H:Data/Format EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT, FRED R. SUTHERLAND D/B/A SUTHERLAND PAINT HORSES, FOR PARCELS 169 AND 769 IN THE AMOUNT OF $18,800.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. FRED R. SUTHERLAND, ET AL., CASE NO. 01-0756-CA. PROJECT NO. 60071. OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondent, Fred R. Sutherland d/b/a Sutherland Paint Horses, in the amount of $18,800.00 as full compensation for the condemnation of Parcels 169 and 769 in Collier County v. Fred R. Sutherland, d/b/a Sutherland Paint Horses, et al., Case No. 01-0756- CA. CONSIDERATIONS: On February 22, 2001, an eminent domain action was filed for the acquisition of property for the Livingston Road project from Golden Gate Parkway to Pine Ridge Road. On May 31, 2001, an Order of Taking was entered by the Circuit Court as to Parcels 169 and 769 utility, drainage, maintenance and temporary driveway easements. The County's last offer dated November 30, 2000 was in the amount of $9900.00. On June 7, 2001, the good faith estimate of value for these parcels in the amount of $14,100.00 was deposited into the Court Registry, thereby vesting title in the parcels in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owner of these Parcels, Fred R. Sutherland, d/b/a Sutherland Paint Horses, the sum of $18,800.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess his claims for compensation. Fred R. Sutherland dfo/a Sutherland Paint Horses, has thirty days from the date of mailing the offer to accept. If Fred R. Sutherland dfo/a Sutherland Paint Horses accepts, the County will be required to deposit an additional $4700.00 into the registry, and the total sum of funds on deposit, or $18,800.00, will be paid to Fred R. Sutherland dfo/a Sutherland Paint Horses by Stipulated Final Judgment of the Court. If Fred R. Sutherland dfo/a Sutherland Paint Horses rejects the offer and fails to recover more than $18,800.00 for Parcels 169 and 769, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Fred R. Sutherland d/b/a .Sutherland Paint Horses after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. R_FISCAL IMPACT: Funds in the amount of $4700.00 are available in the Road Construction \.~,)'~'Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. AGENDA ITEM NO. /~ ,/.., I DEC 1 1 2001 PK. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondent, Fred R. Sutherland d/b/a Sutherland paint Horses; and Approve the expenditure of funds as stated; and Authorize $4700.00 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Fred R. Sutherland d/b/a Sutherland Paint Horses; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBM1TYED BY: d] F Ashton Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Steve Miller, P.E., Director Transportation/ECM Nofi'n/Feder, Administrator Transportation Division David C. Weig~l ' d~ County Attorney Date: t l/.J { / 07l 2 AGEND, A. rl~M , NO. ~ DEC ! 1 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COl l.mR COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. FRED R. SUTHERLAND, individually and d/b/a SUTHERLAND PAINT HORSES, et al., Respondents. Case No.: 01-0756-CA Parcel Nos.: 169 and 769 OFFER OF JUDGMENT TO: Kenneth A. Jones, Esquire ROETTJ~L & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R.Civ.P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, FRED R. SUTHERLAND d/b/a/ SUTHERLAND PAINT HORSES, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, FRED R. SUTHERLAND d/b/a/ SUTHERLAND PAINT HORSES, arising out of the taking of Parcels 169 and 769, in the total amount of Eighteen Thousand Eight Hundred and 00/100 Dollars ($18,800.00) for Parcels 169 and 769, which includes the amount of $14,100.00 which was deposited pursuant to the Order of taking dated May 31,2001. DEC' 1. 1 2001 pg 3 There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorney's fees and costs. The Construction plans and specifications for the project on which the offer is based have been previously made available to Respondent and continue to be made available for Respondent's review upon reasonable notice of such requeSt. Dated this __ day of November, 2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225- Facsimile BY: I-IEIDI F. ASHTON Florida Bar No. 0966770 ATrORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, Florida 33901 by U. S. mail this __ day of November, 2001. h:Lit~qutherlan(hOffer 169&769 HEIDI F. ASHTON, lSQtrmF DEC ll/t 200! EXECUTIVE SUMMARY APPROVE THE EXPERT FEES ASSOCIATED WITH THE ACQUISITION OF PARCEL 163 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RUSSELL BAISLE¥, ET AL., CASE NO. 01-0758-CA (LIVINGSTON ROAD SIX-LANING PROJECT FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD, PROJECT NO. 65041) OB~IECTIVE: That the Board of County Commissioners approve the expert fees and costs associated with the acquisition of Parcel 163 in the lawsuit entitled Collier County v. Russell Baisley, et al., Case No. 01-0758-CA. CONSIDERATIONS: On, May 31, 2001, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Six-Laning Project (Project No. 65041). On June 12, .2001, Collier County deposited with the Registry of the Court the sum of $19,400.00 for Parcel 163 in accordance with the Order of Taking. On September 24, 2001, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. Pursuant to Section 73.091(1), Florida Statutes, the County has agreed to pay reasonable engineering and planning fees in the amount of $421.25 for the services of Morris & DePew and reasonable appraisal fees in the amount of $1357.50 for the appraisal services of W. Michael Maxwell & Associates, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). ~FISCAL 1MPACT: Funds in the amount of $1~778.75 are available in the Transportation Supported Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Orders Awarding Expert Fees and Costs; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: H~i-di F~. Xshton Assistant County Attorney Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: DEC 1 1 2001 REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM North Fedei, Administrator Tr~sportation Division David C. We[~el ~ County Attorney Date: l/-~z g/t, / Date: Date: _/f/~q/~7/' h: LitXEmDom~Baisley~ExSum-ExpertFees 163 DEC 1 1 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER cOUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. RUSSELL BAISLEY, et al., Respondents. Case No.: 01-0758-CA Parcel No.: 163 AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, FREDERICK GARDNER AND JOAN GARDNER, by and through their undersigned counsel, KENNETH A. JONES, ESQ., for entry of an Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay forthwith to ROETZEL & ANDRESS Trust Account, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33901, the aggregate sum of ONE THOUSAND SEVEN HUNDRED SEVENTY EIGHT DOLLARS and 75/100 ($1,778.75), which amount includes the sum of $421.25 for the engineering and planning services of Morris-Depew Associates, Inc. and $1,357.50 for appraisal services of W. Michael Maxwell & Associates, Inc., with respect to Parcel 163; and 1T IS FURTHER ORDERED AND ADJUDGED that this Agreed Order is subject to approval by the Collier County Board of County Commissioners. 12'_ 7 1 1 2001 1 day of DONE AND ORDERED in Chambersat Naples, Collier County, Florida, this ,2001. conformed copies to: Heidi F. Ashton, Assistant County Attorney Kenneth A. Jones. Esq. Collier County Tax Collector Bookkeeping Transportation Dept. Finance Dept. Ted Brousseau Circuit Court Judge JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awarding Expert Fees. KENNE~FiH A. JONES, ESQ. Floridal~ar No. 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (941) 337-3850 - Telephone (941) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS Dated: HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 2 EXECUTIVE SUMMARY EXECUTE SATISFACTION OF LIEN ARISING OUT OF ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED COLLIER cOUNTY V. EPIFANIO H. HERNANDEZ and MANUEL H. HERNANDEZ. OBJECTIVE: To execute a satisfaction of the code enfomement lien imposed against property owned by Epifanio H. and Manuel H. Hemandez by an Order Imposing Fine/Lien in Collier County v. Epifanio H. and Manuel H. Hernandez, CEB Case No. 99-044, and later reduced by an Order Reducing Fine/Lien, recorded at Official Record Book 2705, Page 2768, et seq. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on March 31, 2000, in Collier County v. Epifanio H. and Manuel H. Hernandez, CEB Case No. 99-044. This Order fined the Hemandez's $43,750 for the period of September 6, 1999 through March 8, 2000 at a rate of $250 per day, plus operational costs in the amount of $577.10. Upon its recording at Official Record Book 2660, Page 3051, et seq., and re-recording at Official record Book 2704, Page 802, et seq., it became a lien against all real property owned by the Hemandezes and more particularly property identified by Folio No. 00056040001. The property owners thereafter abated the violation and on June 28, 2000, the Code Enforcement Board entered an Order Reducing Fine/Lien and Approving Affidavit of Compliance, which reduced the lien amount to $50 per day, or a total of $8,750, plus $577.10 for operational costs. On November 9, 2001, a final payment in the amount of $1,250 was made by the property owners. Consequently, the property owners have paid the full amount of $9327.10 in full and complete satisfaction of the lien. A Satisfaction of Lien must now be executed and recorded so as to discharge the code enforcement lien as a matter of record. A copy of the Satisfaction of Lien is attached hereto. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize its Chairman to execute the Satisfaction of Lien; and 2. Authorize staff to record the Satisfaction of Lien in the Public Records of Collier County, Florida. AGENDA ITEM NO. I~,~- DEC 1 1 2001 Ellen T. Chadwell Assistant County Attorney Michelle Edwards Arnold, Director ' j°l~'19I. D~muc~ I~, ~dministrator Co~. Dev. & Environ. Services Division Date: Date: Date: 2 DEC 1 1 2001 'ice of the County itto~nel :~i East Tamtaet Tr~tl ,~es, F~ortd~ 3411Z 41) 774~ SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Nine Thousand Three Hundred and Twenty Seven Dollars and Ten Cents ($9,327.10), arising out of the Order Imposing Fine/Lien dated March 30, 2000, on behalf of Collier County, Florida, recorded in O.R. Book 2660, Page 3051, et. seq. and re-recorded in O.R. Book 2704, Page 802, et. seq., and Order Reducing Fine/Lien and Approving Affidavit of COmpliance, dated June 28, 2000 and recorded in O.R. Book 2705, Page 2768, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by Epifanio H. Hemandez and Manuel H. Hernandez, has been satisfied in full. Section 36, Township 46, Range 28, commencing at intersection East line of West V2 of NE % of SE % with southern right-of-way of SR' 850, thence West 170 ft, thence South 1150 ft to POB, thence South 142.3 ft, thence West 120 ft, thence North 142.3 ft, thence East 120 ft to POB in Collier County, Florida, more commonly known as 902 Miraham Terrace. Folio No. 00056040001 The undersigned is authorized to and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by Epifanio H. Hernandez and Manuel H. Hernandez, and consents to this lien being discharged of record. Dated this day of ATYEST: DWIGHT E. BROCK, Clerk' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James D. Carter, Ph.D., Chairman Approved as to form An/~/egal sufficiency: Ellen T. Chadwell Assistant County Attorney Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ~/2 001 4:23.20 PM L~s 9'~e26 EPIFANIO HERNANDEZ Payor: HERNANDEZ Fee Information ~- ~,ODE ENFORCEMENT BOARD FINE,~ :113-'-~'~35~000000 $1 zbu.uu ~ ] ~ L___~mso.oo I Payments Total Cash Total Non-Cash Total Paid ~-- . $1250.00_[ FULL PMT OF FINES AMT. RCVD. $1250.00 Cashier/location: MGCAULEYKATY / 1 User:. CRUZ..M Collier County Board of County Commissioners CD.Plus for Windows 95/NT DEC I 1 ZOO1 Print, ,,~_:! ZO0~ ,X-~T...T,V 03 · ZJ~O~EU~G ,x~T, IJ~IR][03 STCZ COt TT6 /'V& OT:CT TO/TT/TT E~C~IVESUMMARY Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance the acquisition of the Goodlette Arms Apartments by a non-profit corporation. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority of Collier County to be used to finance the acquisition of the Goodlette Arms Apartments by a non-profit corporation. CONSIDERATIONS: On November 13, 2001 the Board adopted Resolution 2001-439, approving the issuance of bonds for certain multifamily housing projects. A copy of the Executive Summary describing that approval is attached as Exhibit A. Following the Board's action, it was discovered that there was an error in the legal notice of the public hearing held by the Authority. Accordingly, the hearing was re-advertised and another hearing held on December 3, 2001. No public comments that would cause the Authority to revoke its previous approval were received. All considerations discussed in the attached executive summary are equally applicable and are unchanged. The Authority is asking only for a re-approval of the previous action. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution. Housing Finance Authority of Collier County Approved by: C:\WINl]OWS~J;lesktop\12-I 1 BCC Agenda\Goodl~tl:Execulive~urn.wpd AG~I:)A.I.TI~M/,, NO. DE; 11 2001 fro (" David Weigel County Attorney C:\WiIqDOWSXDeskto~\I 2-11 BCC Agenda\Goodlet~ExecufiveSum wpd -2- AGENDA ffEM. ~. DEC 1 1 200t Pg. c~ . Request by the Homing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance the acquisition of the Goodlene Arms Apartments by a non-profit corporation. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed multi-family revenue bond issue by the Housing Finance Authority of Collier County to be used to finance the acquisition of the Goodlette Arms Aparunents by a non-profit corporation. CONSIDERATIONS: The Housing Finance Authority has been requested by Goodlette Arms LLC, whose sole member is Full Circle Communities, Inc., a non-profit corporation to issue its bonds to finance the acquisition of the Goodlette Arms Apartments by the non-profit corporation. Goodlette Arms is a 250 unit complex located at 950 Goodlette Road, and is owned by Goodlette Arms Apartments, an Indiana limited partnership. It was built in 1974 under the HUD Section 8 program under which residents pay no more than 30 % of their income for rent, and HUD makes up the difference up to an agreed rental rate. The HUD contract is due to expire soon, which means that the residents will no longer receive the rental assistance payments from HUD, and the owner will be free to raise the rents to market rates, which are higher than the agreed rates under the HUD contract. Given the extreme shortage of rental units to serve the very very low income classification generally and the particular demographics of Goodlette Arms (low income seniors and disabled persons), this would be a very undesirable situation for the community. To prevent the loss of this Section 8 housing, Full Circle Communities (the non-profit group) has contracted to purchase the project from the current owner, and desires the Authority to issue its bonds to finance the purchase. In return for the financing assistance, the non-profit owner will be required to maintain the current rents and to extend the rental assistance payment program so that current residents will not have a rent increase. In addition, the non-profit will commit to pour most of the cash flow generated back into the project in thc form of additional social services to tenants. The bonds will be Fannie Mae insured and will have a AAA rating. The project is consistent with the Growth Management Plan and is properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. The project is well located to provide this type of housing. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must C:\WTNDOWS',De~i2-11 BCC Agenda'~lov 13~e~gExSum. wpd EXHIBIT A TO DECEMBER 11 EXECUTIVE SUMMARY DEC 11 200! hold a public hearing, and must adopt a resolution in favor of issuing the bonds. The Authority held an initial meeting to consider the request on August 14, 2001, and an advertised public hearings on the proposal on October 11, 2001. The Authority adopted a resolution approving the issuance of the Bonds, a copy of which is attached. Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The County's Financial Advisor has verified that the issuance of these bonds will not affect the County's ability to issue "bank qualified" debt in 2001. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will assist in providing affordable housing in Collier County. RECOMMENDATION: The Board of County Commissioners adopts the attached resolution. Prepared by' /~'"~//onald A. Pick'worth, Counsel Housing Finance Authority of Collier County Approved by: ~(3'-~; Weigel ' County Attorney -2- DEC 1 1 2001 Pg. RESOLUTION 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $13,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX- EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, (GOODLETTE ARMS APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") ts a public co~o.rauon of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Conmussloners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on December 3, 2001 (the "Public Hearing") on the application of Goodlette Arms LLC, (the "Company")for the issuance of not exceeding $13,000,000 tax- exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds· C. The Issuer has adopted its Resolution 2001-06, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therei - and the Collier County Land Development Code. NO DEC 1 1 2001 C:\WINDOWSkI~sk'~p\I2-11 BCC Ag~BCC Goodle~.~ams'w~d Ps. Section 3. Repealing Clause. All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1 lth day of December, 2001. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk By: James D. Carter, Ph.D., Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney AGENDAJTI? DEC 1 1 2001 NBiKm, FL Affidavit of pubLtcetton IMpL# lilly pZCICiI01I~, DONALD 5150 TMZAnZ TRL # NA/~! FL ~4105 REFEII~ICE: 010764 5~65 Notice of PubLte ~ Sto~ o~ FLortch MtN L4it · ~ew t~ m ~ pub_ t}ehed at Na~LM, tn ~oLLter County. FLor,*, end t~e~nt~it,d- ~oLLter Count/,- ru.~--, .-?.-_-. ,~/.-_ _, itteched oopy af mdvertIoe~llt; iffld .if.~tlnt dt~ounz, rmx~., ~. tn the Mtd nev.peper. PtJB4.ZSHED ON: 11/19 AD SPACE: 175.Q00 iNCH ON: 11119/01 Signature o~ Afl1 ~ EXHIBIT A TO BCC RESOLUTION DEC 11 2001 RESOLUTION 2001-06 Execution Copy P~ESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORI~ OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $13,000,000 TAX EXEMPT AND TAXABLE MULTIFAMILY HOUSING REVENUE BONDS FOR THE pURPOSE OF ACQUIRING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES DELIVERY OF AN~_~.-. ~OVIDING AN EFFECTIVE DATE. GOODLETTE ARMS LLC.; ~m (the .Company") has applied to the it of Collier County, Flor~d~_ (~ eLLC WHEREAS, Goodlette Arms ~ Housing Finance Author Y ........ t and taxable multltaml£Y . ' ' ue its L~-=~-,~ ,,Authority"), to (.1) %ss .... ~i~a1 amount not to exceed housing revenue Donas I~ a ~'~thority may authorize Dy ~.~ nna ah~ (the ,,Bonds") as Ln~ ~ .... ,,~ ~ the ~urpose of ~'uu~'~--k~,,.~ ~the "Bond Reso±utlon_j ~t ~_ ~.~ ~ostS subsequent r=~u~=~y - · =~=~ t,.,h~ h shall lnc±uue u=~=~.~ .. financing the cost oI acqu~s~u~u~.,i~-c ~f an existing multiramllY and reserves in connection t~erewlun;, u residential housing facility for persons or families of iow, middle or moderate income located in Collier county and named Goodlette Arms (the ,,Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, ol such other provision or provisions of Florida law as the Authority may determine advisable (the ,'Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $13,000,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has entered into a Preliminary Agreement for Issuance of Multifamily Housing Revenue Bonds (the ,,Preliminary Agreement") dated August 14, 2001 relating to the issuance of the Bonds; and WHEREAS, the Authority held a special meeting and public hearing on the proposed issuance of the Bonds for the purposes herein stated on August 14, 2001; and N0. J~~ DEC 1 1 2001 pg. official action towarQ tn= ~ .... c the Bonds within the meaning of the applicable United States Treasury Regulations. AND RESOLVED BY THE HOUSING IT IS, THEREFORE, DETERMINED., FLORIDA, THAT: FINANCE AUTHORITY OF COLLIER COUNTX ' Project. The acquisition of the project 1. A~Proval of the by theAuthority through the issuance of and the financing thereof the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery o£ Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $13,000,000, or (b) the cost of the Project, as determined by the Authority. 3 Authorization of the Bonds. There is hereby authorized tit hereby determines to issue the ~ h~ issued and the Aut~o _ Y ..... A =~, 4ect to the conditions ~ i- · ........ ~ ed by tne company =~ ~_b~ .... ~ issues or set forth in the Prellmlnary. ~]~]n~ not to exceed $13,00o,uuu series in an aggre~at~e. ?fkk 3f the Pro4ect. The Bonds _s~ll for the purpose ot 51nanu~ . - . MultlIam~y designated ,,Housing Finance Authority of Coll~er county Housing Revenue Bonds Series 2001 (Goodlette Arms Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 5 ~en~ral Au=horz~a~ ==- ~,,~h~ritv hereDy are the Secretary and c~unse~ ---ecution of the Preliminary Agreeme , authorized to proceed, upon =A with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. A~irmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable NO. United States Treasury Regulations. 8. Appoin_~ment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tallahassee, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds· The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limi=od'Oblig&tions.'~The ~onds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this 14th day of August, 2001. ATTEST: ' Secr~rY V ' HOUSI '~~- ~DA ~ NG F AUTH Q~I.T-¥-~F~--- -3- AGENDA JTF DEC 11 2001 pg. (941) DONALD -~ PICKWORTH, A.~TORNEY AT LAW SUITE 602 NEWGATE TOWER 5~50 NORTH TAMIA~X T~ November 30, 2001 FA.X (941.) $94)-1.161 David Weigel, Collier County Attorney Collier County Attorney's Office Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 RE: December 11 Agenda; Bond Issue Dear David: There was an error in the publication of the notice for the Authority public hearing for the bonds that were approved by the Board at its November 13 meeting. After discussing this with bond counsel, it was decided to re-advertise and hold another public heating. This heating will be held December 3, and therefore the documents attached assume no adverse comments that would cause the Authority to revoke its approval. As you can see, these documents are identical to the documentation that was approved on November 13. I am enclosing the following documents for inclusion in the December 11, 2001 agenda: 1. Executive Summary relating to approval of issuance of Housing Finance Revenue Bonds by the Collier County Housing Finance Authority for three projects under 2002 Multifamily Program. 2. Resolutions to be adopted by the Board of County Commissioners at the Board meeting of December 11, 2001 approving the bond issue (the "County Resolutions"). 3. Exhibits to the County Resolutions consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and Resolutions adopted by the Authority. 4. Executive Summary relating to approval of issuance of Housing Finance Revenue Bonds by the Collier County Housing Finance Authority for a non-profit corporation to acquire Goodlette Arms Apartments. Resolution to be adopted by the Board of County Commissioners at tb~ r~"ard · 5. meeting of December 11, 2001 approving the bond issue for the acqui lDEC 11 200 Goodlette Arms. Exhibits to the Resolution approving the Goodlette Arms acquisition consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and the approving resolution of the Authority. Since we have been placing these items on the Consent Agenda, I would request that this also be on Consent. Please contact me mediately if there is any objection to the approval or the inclusion of this matter on the consent agenda. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Enclosures Very truly yours, Donald A. Pickworth AC~" 9A'IT~M~' °x NO. ~ DEC 1 1 2001 .... 'E~C~IVESUMMARY Request by the Housing Finance Authority of Collier County for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. OBJECTIVE: To accomplish the necessary approvals to authorize proposed multi-family revenue bond issues by the Housing Finance Authority to be utilized for financing qualified apartment projects. CONSIDERATIONS..: On November 13, 2001 the Board adopted Resolutions 2001-436, 2001-437, and 2001-438, approving the issuance of bonds for certain multifamily housing projects. A copy of the Executive Summary describing that approval is attached as Exhibit A. Following the Board's action, it was discovered that there was an error in the legal notice of the public hearing held by the Authority. Accordingly, the hearing was re-advertised and another hearing held on December 3, 2001. No public comments that would cause the Authority to revoke its previous approval were received. All considerations discussed in the attached executive summary are equally applicable and are unchanged. The Authority is asking only for a re-approval of the previous action. RECOMMENDATION' That the Board of County Commissioners adopt the attached resolutions. Pr ed by: nald A. Pickworth, Counsel Housing Finance Authority of Collier County Approved by: David C. Weigel, County Attorney C:\WiNDOWS',De~,I 2.11 BCC Ag~n61a~BCC- Exec~unl2-11-Ol.wlxt DEC 1 1 2001 Request by the Housing Finance Authority of Collier County for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. OBJECTIVE: To accomplish the necessary approvals to authorize proposed multi-family revenue bond issues by the Housing Finance Authority to be utilized for financing qualified apartment projects. CONSIDERATIONS: The Housing Finance Authority has considered requests by three developers of low/moderate income rental housing to issue its bonds to finance qualifying apartment projects in 2002. All projects are consistent with the Growth Management Plan and are properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must approve the issuance of bonds. This hearing was held on October 11, 2001. A copy of the notice published in the Naples Daily News is attached to the ' proposed resolutions. Although the meeting was advertised as shown, no members of the public appeared to comment on the proposals. The Authority/heard extensive presentations by the project proposers. At the conclusion of the hearing the Authority determined to approve the issuance of the bonds. Each project complies with the Authority's guidelines for providing a portion of the rental units at rents available to persons in the extremely low income bracket (below 35 % of Area Median Income). This is also consistent with the Board's policy and direction. The second requirement is that the governing body of the jurisdiction must also approve . the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. Resolutions for each project for the Board to adopt are attached. The approval of these projects does not mean that they will receive financing and actually be built. Under the rules for adwinistering the state volume cap (which regulates the amount of tax-exempt private activity bonds that may be issued), Collier County will, at best, receive a limited allocation for 2002, and may receive no allocation at all. The Authority is attempting to work out an agreement with the other Housing Finance Authorities in Southwest Florida whereby we will receive an allocation of at_least $8.0 million. In order to receive the allocation, which is made on January 2, 2002, we must have these projects approved and ready for submission on that date. C.\WlNDOWS'd~I~I2-I l BCC A~.e~t~4ov. 13MF Ex~:z~m. wlXl EXHIBIT A TO DECEMBER 11 EXECUTIVE SUMMARY DEC 1 1 2001 As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Comnfissioners or any other County agency. These bonds are not liabilities of the County, and the County is not liable for payment in any way. The issuance of these Bonds will have no impact on the ability of the County to issue "bank qualified" debt. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will have no adverse growth management impact. On the other hand, it will assist in providing affordable housing in Collier County, and the County is committed to assist in the creation of affordable housing by its Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolutions. 9,.,,,,o,.7ed by: . //i~onald A. Pickworth, Counsel Housing Finance Authority of Collier County Approved by: ~'~(" David C. Weigel, County Attorney CAWrNDOWSXD~k, tog~\I2-11BCC~A~I~jln.. -2- DEC 1 1 2001 Pg. ~ RESOLUTION 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $8,100,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX- EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2002 (PINNACLE RUN APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on December 3, 2001 (the "Public Hearing") on the application of Pinnacle Run, Ltd., (the "Company")for the issuance of not exceeding $8,100,000 tax- exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. C. The Issuer has adopted its Resolution 2001-07, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. A~~ 'NO. pg. L.~ Section 3. Repealing Clause. All resolutions, including but not limited to Resolution 2001-436, or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1 lth day of December, 2001. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk By: James D. Carter, Ph.D., Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David C. Weigel County Attorney C:\Wll~iDOWS'd)esklop~12-11 BCC A~md~CC pimmcle, wpd DEC 1 1 2001 M~ftdlv~t of I,ubLt~ldm EXHIBIT A TO BCC RESOLUTION DEC 1 1 201 2001-07 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $8,100,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pinnacle Run, Ltd. the .,Company") has applied to the Housing Finance Authority of Collier County, Florida (the ..Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $8,100,000 (the ..Bonds") and such taxable multifamily housing revenue bonds (the ~Taxable Bonds") as the Authority may authorize by subsequent resolution (the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the ,,Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the ,'Act"); and WHEREAS a determination by the Authority to issue the Bonds , in one or more under the Act, if so requested by the Company, issues or series not exceeding an aggregate principal amount of 8,100,000 and to loan the proceeds thereof available to finance 5he Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on October 11, 2001 which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and WI{EREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meani; EXHIBIT B TO BCC DEC 11 2001 Pg. -7 of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of collier County and will thereby serve the public purposes of the Act. · tion of the Bonds. There is hereby authorized tO De issues anu ~,~.~ ~_ ~an~' and subject to the Bonds, if so requeste~ D~ .c~ ~u,,,~ --~-eement to be entered ln~o set forth in the Pre±Imknary. ~9~ -r series in an aggregate or more ~ssues subsequently, in one ...... ~ ~8,100,000 and such taxable ~rinciDal amount non ~u =~U L~=_ ,,~=xable Bonds") as tne = . - . ' venue Don~s % ~i~= mult~fam~ly hous%ng.re _ solution for the purpose of Authority may authorize by subsequent re financing the Project. The Bonds shall be designated "Housing Finance Authority of cotlier County Multi[amily Housing Revenue Bonds Series 2001 (Pinnacle Run Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. endation for Approval to Board of County 3. Recomm ....... ~.. recommends the issuance of th~ Commissioners- The Authority Bonds and the financing f the Project for approval, to the Board · . _ o 'er County (the Board"). The cunt Commzsszoners of .co!lc . t~ Ch irman or Issuer's ~,,-h~itv hereby directs the Chalrma~, Vz~-[2~a~-he Company, to Counsel, either a±o~e o~ 3u~-~<z~j ,~ nonds and the financing seek approval for t~e ~ssuance u= u-~ -. . Board as the applicable elected representatives the Project by the . ~ __ ,~ ~. ~ croon 147(f) f Collier County under an~ pursuann mu ~.= ..... d Se ' o - - -~ 1986 as amended. of the Internal Revenue co=e o= , 4. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordan~_~the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 5. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. -2- AGF-.~, 9A/I'I,r'F-{vl ,~\ DEC 1 I 2001 Pg. ~ 6. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 7. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 8. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this llth day of October, 2001. ATTEST · ~e6re~' ~ -3- HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA Chairma DEC 1 1 2001 Pg. RESOLUTION 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $6,500,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX- EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2002 (SAWGRASS PINES APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on December 3, 2001 (the "Public Hearing") on the application of The Richman Group of Florida (the "Company')for the issuance of not exceeding $6,500,000 tax-exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. C. The Issuer has adopted its Resolution 2001-08, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein and the Collier AGEN A M County Land Development Code. NO. ~ DEC 11 2001 pg. I E) Section 3. Repealing Clause. Ail resolutions, including but not limited to Resolution 2001-437, or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1 lth day of December, 2001. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk By: James D. Carter, Ph.D., Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufl'~ciency: ~-~ David C. Weigel County Attorney gCC AS~CC Sawsrm-wl~1 DEC 1 I 2001 AtftMvtt o~ pul)Lt~tlon Nal)Lu D~Ly NwUB PZ(]~, ~ P.A. 515~ T~J~T 1~ N ldO2 NAPLES FL 541O5 REFEItBtCE: Stlte of FLOr1a' datu Lt ot~l. Affiant further ~ya that the ~td ~L~ ~t ty NM 1. a ~ ~Lt~ et ~L~, tn ~td Mtter ~ ~ ~t ~fJ. In ~L~, tfl laid dt~ ~--~,-~e,' ~4.tm or ~ T~ ~ P~BLZ~ED ON: 11/19 AD ~PACE: 17S.ooo ZNCH FZLEO ON: 11119101 ~.~-----~- EXHIBIT A TO BCC RESOLUTION DEC 11 2001 2001-08 EXHIBIT B TO BCC RESOLUTION RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $6,500,000 TAX-EXEMPT MULTIFAMILY HOUSING RE%r~ BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Richman Group of Florida the ,,Company") has applied to the Housing Finance Authority of Collier County, Florida (the ,,Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $6,500,000 (the ,,Bonds") and such taxable multifamily housing revenue bonds (the. "Taxable Bonds") as the Authority may authorize by subsequent resolution (the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the ,,Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $6,500,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on October 11, 2001 which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning DEC 1 1 2001 Pg. of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT= 1. Approval of the Project. The acquisition, construction., equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. thorization of the Bonds. There is hereby authorized 2. Au ..... =A--~b-, determines to issue .the to be issued and the Authority ested by the Company and subject to the conditions Bonds, ~f so requ ....... ~ ..... o to be entered into set forth ~n un= =~= ----~o~,~ nr series in an aggregaEe subsequently, in one o~ mort ~nn 000 and such taxable ' ' amount n t al o ,, ..... ~,, % as the pr~_~.. ~usin~ revenue bonds (the TaxaDl~ uo~uo , ...... f mulLli~mzzy ~ u ............ ~ution ~or Authority may authorize ny SUDSequu~= financing the Project. The Bonds shall be designated ,'Housing Finance Authority of Collier County Multifamil¥ Housing Revenue Bonds Series 2001 (Sawgrass Pines Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 3. Recommendation for Approval to Board of County Commissioners- The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the ',Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. %. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary AgreemenU, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 5. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. -2- DEC 11 2001 6. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 7. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 8. Limited Approval. The approval given herein shall not be consCrued as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this llth day of October, 2001. HOUSING FINANCE AUTHORITY OF ATTEST: C~',WrNDOWS~Deskm~-K)FA- 200/M~m~mmt ~s~u~ S~v~ms.v,~d -3- DEC ! 2001 Pg. I~'- .. RESOLUTION 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $8,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TAX- EXEMPT MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2002 (SADDLEBROOK VILLAGE PHASE II APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on December 3, 2001 (the "Public Hearing") on the application of Creative Choice Homes, XIV (the "Company')for the issuance of not exceeding $8,000,000 tax-exempt multifamily housing revenue bonds (the "Bonds"). The public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. C. The Issuer has adopted its Resolution 2001-09, a copy of which is attached hereto as Exhibit B, approving the issuance of the Bonds and recommending and requesting that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. D. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. ~.F~~ Section 3. Repealing Clause. All resolutions including but not limited to Resolution 2001438 or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect mediately upon its adoption. PASSED AND ADOPTED THIS llth day of December, 2001. (SEAL) ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk By: James D. Carter, Ph.D., Chairman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David C. Weigel County Attorney C:\WINDOWS~I2-11 I~CC A~enda~.C Sadd~gl~u~,.~d DEC 1 1 2001 Ilap~lJ, Det Ly New NapL#, FL 3&~0~' Afftclovtt o~ pubLtr~tton : PZCI~ ~ P.A. 515Q TA&TNLT Tt # ~ NAPLES FL ~&l~ REFEIIBIC~: 010764 58:950765 Ilot4oe of PubLlo ~ Stmte of FLortcb Cou~oreo~ CoLLter epp#red AngoLa Brymlt, ~ on ~ .~y. $.~n? ~ Nevi, m doily r~_ pd)Lt~hed mt: NIpL.# in ~ CoLLter ~ PLort~: ~ ~ ~ ~ ~ dates Lteted. Affti~t further 88y8 CoLLt~ ~, FLortM, ~LLJer ~W, fL~J~, ~~t~ t~ fj~t ~LJ~tl~ or ~1~ --rJ~ ~1. ~J~t for PUBLZSHED ON: 11/19 EXHIBIT A TO BCC RESOLUTION AGEHDA ITEM .,, NO. DEC 11 2001 2001-09 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $8,000,000 TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; PROVIDING AN EFFECTIVE DATE. WHEREAS, Creative Choice Homes XIV, Ltd. the ,,Company") has applied to the Housing Finance Authority of Collier County, Florida (the ,,Authority"), to (i) issue its tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $8,000,000 (the ',Bonds") and such taxable multifamily housing revenue bonds (the "Taxable Bonds") as the Authority may authorize by subsequent resolution(the "Bond Resolution") for the purpose of financing the acquisition, construction, equipping and development of multi family residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the ,,Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $8,000,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on October 11, 2001 which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within .the meaning 2002 MI~-'~- --'~"~ EXHIBIT B TO BGG RESOLUTION DEC 1 1 2001 ,,, of the applicable United States TreasurY Regulations. RESOLVED BY THE HOUSING IT IS, THEREFORE, DETERMINED AND FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of collier county and will thereby serve the public purposes of the Act. · e Bonds. The~e is hereby authorized 2. Authorization of_th.~_ ~erebv determines to ~ss~e .th~ -o b- {ssued and the Authority ~' ~ --b~ect to the con=~u~ons ~ an aha ~u ~ ~f so re ested by the Comp ~_ .... ~ 5o be entered lnto ~, _- . c~ ~ ~ ~ ~minary ~==~ ..... . ...... ~recate set forth in u~= ..... __~ ~ssues or series in .... ~-- in one or ~,~u== ~ ~ .... ~0 and such n Authority may · ' ~ ~ ~onds shall be de 'g financing the Pro]ecu. ~= - Finance Authority of Ccl!ier County Muitifami!y Housing Revenue Bonds Series 2001 (saddlebrook Village Phase II Apartments)" or such similar designation as the Authority may deem advisable. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. for Approval to Board of County 3. Recommendation .......... ~ nde the issuance of the Cou~nissioners- The Authority nereuy · . Pro'ect for approval to the Board of ~ h financing of the ~ .... ~, ,,Board"). The B~nds and t e .... ~ ~llier counuy ~e county commissioners u= /o ~=~irman, vice-chairman o~ · ..... Authority hereby ~dlrec~ =~-1~, at the expense of.tht~°mP~i Counsel, either alone or 3u~,~~ =~= ~ Bonds and t~e seek approval for the issuance ~= the Project by the Board as the applicable elected representatives of collier county under and pursuant to the Act and Section 147(f) of the Internal Revenue code of 1986, as amended. 4. Affirmative Action- This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations- The form of notice f Notice of p~lic Hearing- Approval o . ---=~- "A" is hereby approved 5. h~ring attached hereto as of public and the publishing thereof ratified by the Authority. AG~NOA DEC 1 1 2001 6. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 7. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 8. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or to have estopped the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this llth day of October, 2001. ATTEST ,~e~re~y -3- AGENDA IIEM. ~-- NO. DEC 1 1 2001 (941) 263 - 806~ DONALD ~ PICKWOETH, p._A~. fl_S~TOENEY AT L~W NAPLES, FLORIDA 3410S November 30, 2001 FAX (941) 598 - 1161 David Weigel, Collier County Attorney Collier County Attorney's Office Collier County Courthouse, Bldg. F 3301 E. Tamiami Trail Naples, FL 34112 RE: December 11 Agenda; Bond Issue Collier County Housing Finance Authority- Appro of Dear David: There was an error in the publication of the notice for the Authority public hearing for the bonds that were approved by the Board at its November 13 meeting. After discussing this with bond counsel, it was decided to re-advertise and hold another public hearing. This hearing will be held December 3, and therefore the documents attached assume no adverse comments that would cause the Authority to revoke its approval. As you can see, these documents are identical to the documentation that was approved on November 13. I am enclosing the following documents for inclusion in the December 11, 2001 agenda: 1. Executive Summary relating to approval of issuance of Housing Finance Revenue Bonds by the Collier County Housing Finance Authority for three projects under 2002 Multifamily Program. 2. Resolutions to be adopted by the Board of County Commissioners at the Board meeting of December 11, 2001 approving the bond issue (the "County Resolutions"). 3. Exhibits to the County Resolutions consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and Resolutions adopted by the Authority. 4. Executive Summary relating to approval of issuance of Housing Finance Revenue Bonds by the Collier County Housing Finance Authority for a non-profit corporation to acquire Goodlette Arms Apartments. 5. Resolution to be adopted by the Board of County Commissioners at he Board meeting of December 11, 2001 approving the bond issue for the acq~ ' '" ' ' f ' NO. DEC 1 1 20( Goodlette Arms. 6. Exhibits to the Resolution approving the Goodlette Arms acquisition consisting of A~davit of Publication for the required TEFRA hearing conducted by the Authority and the approving resolution of the Authority. Since we have been placing these items on the Consent Agenda, I wouId request that this also be on Consent. Please contact me immediately if there is any objection to the approval or the inclusion of this matter on the consent agenda. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Very truly yours, Enclosures DEC 1 1 2001 ..... E~C~IVESUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCEL 576 IN THE LAWSUIT ENTITLED COLLIER COUNTY V RICHARD H. EVANS, ETAL., CASE NO. 01-1235- CA, LIVINGSTON ROAD PROJECT NO. 60071. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 576 for the Livingston Road project in the lawsuit entitled Collier County v. Richard H. Evans, Et al., Case No. 01-1235-CA. CONSIDERATIONS: On May 31, 2001, an Order of Taking was entered in Collier County Circuit Court regarding the condemnation of a slope easement for the Livingston Road project (Project No. 60071). On June 12, 2001, Collier County deposited its good faith estimate of value with thc Registry of the Court in the amount of Thirty One Thousand One Hundred and No/100 Dollars ($31,100.00) for Parcel 576 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the Respondents, J. DUDLEY GOODLETTE, Individually and as Trustee, and KENSINGTON GOLF AND COUNTRY CLUB, INC., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2001-46). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Thirty Six Thousand and No/100 Dollars ($36,000.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel 576, and all costs incurred by respondents in defense of the action with the exception of attorney's fees. Attorney's fees have been calculated pursuant to s. 73.092(1), Fla. Stat. at thirty-three percent of the benefit. The benefit is the difference between the settlement amount and the first written offer made by the County after an attorney was hired. The first offer by the County was in the amount of $6,500 resulting in a benefit of $29,500. Consequently, the Stipulated Final Judgment provides that the sum of Nine Thousand Seven Hundred Thirty Five and No/100 Dollars ($9,735.00) be paid to Richard D. Yovanovich, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Fourteen Thousand Six Hundred Thirty Five and No/100 Dollars ($14,635.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. DEC 1 1 2001 Pg. FISCAL IMPACT: Funds in the amount of $14,635 are available in the Transportation Gas ~k" Supported Tax Fund. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Ellen T. Chadwell, Assistant County Attomey Approve the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit the sum of $14,635.00 into t~e Registry of the Court. Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Norn~Feder, Administrator Tranrortation Division ISavid C. Weigel" ~ County Attorney Date: Date: Date: 2 DEC 1 1 2001 Reca'LveCl: I I /27/2001 9:20; .>GooclXel:l:e,CoXeman~.&.Jol'~nson~,PA; #g85; Page 2 11'-27-01 09:08 From-Collilr County Attorney Officl g4! 774 OZZ5 T-Zg$ P.002/005 F-850 IN THE CIRCiJIT COURT OF ~ TWENTIETH-3UDICIAL CIRCUIT IN AND FOR, COLLIER, COUNTY, l~,Ol~mA CIVIL ACTION COLLIF-.K COUNTY, FLORIDA, a political subdivision of the State of Florida, PctRioner, VS. RICHARD H. EVANS, et al., Respondents. Case No.: 01-1235-CA Parcel No.: 576 STIPULATED FINAL ~UDGMENT TI-HS CAUSE having come before the Court upon joint Motion made by Petitioner, COLLIER COUNTY, by and through its undersigned counsel, and Respondents, J. DUDLEY GoODLETTE, Individually and as Trustee, and KENSINGTON GOLF AND COUNTRY CLUB, INC., by and through their undersigned co, m-~el, RICHARD D. YOVANOVICH, ESQ, for entry of a Stipulated Final Judgment as to Parcel No. 576, and it appearing to thc Court that thc parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation duc thc Kcspondents, and thc Court being otherwise fully advised in the premises thereof, it is thereupon ORDEK~D AND ADIUDGED *b~t Respondents, J. DUDLEY GOODLETTE, Individ,,=lly and as Trustee, and KENSINGTON GOLF AND COUN'rKY CLIJI~, INC., have and re. cover from Pctifion~ COLLIER COUNTY, FLORIDA, the s,~m of Thirt~ Six Thousand and No/100 Dollars (S36,000.00) for Parcel No. 576 as full payment for the property interests taken, including any improvements, a~d for damages resulting to thc t~mainder, if less tba~ the entire property was taken, business damases, for all other damages in colmcction with said parcel, and all costs incurred AGFa. pA !TF..~ I]EC 1 1 20111 _3 ... IRecel-veC~: I I /27/2001 g:20; ->G°°cLLel:l:e'C°laman'&'J°l"~ne°n'PA; #g~85; Page 3 1T-ZT-O1 ' 00:00 From-Collier County Attorney Office i41 714 0225 T-205 P.003/005 F-EEO by Re~ondents in defense of this action, excapt as set forth h~x,~u; it is further ORDERF-~ that Respondents, L DUDLBY GOODLETT]/, Individually and as Trustee, and KENSIlqGTON GOLF A2qD COUlqT~Y CLUB, II~C., receive from Petitioner as a reasonable attorney fee the sum of Niae Thousand Seven Hundred T~irty Five and Noll00 Dollars ($9,735.00). Except as provided herein, no attorney's fees or other costs, including any costs or attorney's fees incurred by Respondents as a result of or relating to any apportionment issues, shall be awarded in conncctio~ with thc above-styled cause of action as it relate~ to Parcel No. 576; it is O~DF_~'F.1') thst petitioner shall deposit an additional Fourteen Thousand Six Hundred Thirty Five aod No/100 Dollars (S14,635.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDEI~D that the Clerk of this Court shall disburse the total amount of Thirty Six Thoussnd and No/100 Dollars ($36,000.00) to Goodlette, Coleman & Johnson Trust Account, c/o Richard D- Yovanovich, Esq., 4001 Tamiami Trail N., Su/te 300, Naples, FL 34103, less any =mounts previously paid for the benefit of Respondents, $. DUDLEY GOODLETTE, Individually and as Trustee, and KENSINGTON GOLF AND COUIqTRY CLUB, I!,IC.; it is further ORDEKI/D, thai thc Clerk of Court shall disburse forthwith thc total amount of Nine Thousand Seven Hundred Thirty Five and HollO0 Dollars ($9,735.00), to RICHARD D. YOVANOVICH, F.,SQ., ~00[ Tamiami Trail lq., Suite 300, lqaples, FL 34103, for attorney's fees as to Parcel 576; it is further ORDER/~D that title to Parcel No. 575 slope easement, be/ns fully described in Exh/b/t "A" attached hereto and/nco~porated herein, which vested in Pet/fioncr pursuant to the Order of Taking dated May 3 t, 2001, and the deposit of money heretofore made, are approved, ratified, and AGENDA I~£M ~ DEC 1 1 2001 ROco:LvoCI: I I /27/2001 9:20; -="Goocl'~al:l:a,C°]'eman'~"J°nna°n'PA; #085; Page ~, lf-ZT-01 00:08 From-Collier Coufltv Attornlv Office g4l 71'40ZZ5 T-Zg$ P.004/005 F-850 OI~)E~J:) d~t the No,cc of ~s P~dc~ filed ~ ~c ~ovc-~led ~usc ~d r~orded ~ O~ci~ ~ B~k 2795, Pa~ 1659 of~ ~b~c ~or~ of Co,er Co~, ~be di~sed ~ to P~l No. 576; ~ it ~ ~ O~E~D ~t ~s S6p~ed F~ J~~t ~ to be r~d~ ~ ~e O~ R~ords of Collier County, Florida; it is thereforc DO,rE AHD ORDERBD in Chambers at Naples. Collier County. Florida. this day of__ ,2001. Ted Brousseau Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Assistant County Attorney Richard D. Yovanovich. Bsq- Thomas C. Palmer, Assistant County Attorney E. Glenn Tucker Esq. Nancy L. Sh¢lledy, Esq., Sprint Law Dept. Roll A. Ad,ms, P.A. Paul A. Murray, Esq. NO.' ~,[_~ DEC 1 1 2001 pg. ~" Rece3. vecJ: I I /27/2001 9:20; _>GooCt].e-~te,Co].eman,&Jonnson,PA; #985; Page ~ 1t-Z?-01 · og:oa From-Col ier County Attorney Office 941 774 OZZ5 T-zg$ P.OOS/OOS F-BEO JOINT MOTION FOR STIPULATED FINAL alIDGMENT Thc Parties hereby stipulate and respectfully request this Court to enter thc foregoing Sfip~ Final Iudsmeat as to p~-ce1576- Dated: ,ESQ. Florida Bar No. 782599 Goodlette, Coleman & Johuson 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 941/435.3535 - Telephone 941/435-1218 ATTORNEY FOR KESPONDENT Dated: ///,~/o! ~E'/_LEN T. CHAD~IEI-~L, ESQ. ~ofida B~ No. 9~3870 CO~ ATTO~Y'S O~ICE H~on T~ B~d~g 3301 E~ T~ Tr~l Naples, Flofi~ 34112 941/77~8400 - Telephone 941/77~0225 - Facfimile A~O~Y FOR PE~O~R 4 AGENDA ITE~ .NO. DEC 1 1 2001 Pg. PROdECT: NO. ~ PRCUECT PARCEl./~0~ ~ TAX PARCI~ NO. 4~.rr.7~i SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA SKETCH. OF SLOPE EASEMENT (NOT A SURVEY)_ (SEE SHEET 2 OF 2 FOR DESCRIPTION OF SLOPE EASEMENT) A ' " SLOP~ ~ASTUEN! I 1 I i I ., f PROJECT TAX PARCEL NO. ~ SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF SLOPE EASEMENT EXECUTIVE SUMMARY PETITION RZ-2001-AR-1208. WILLIAM L. HOOVER, AICP OF HOOVER PLANNING & DEVELOPMENT, INC. REPRESENTING LARRY J. AND MARCY A. GODE REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "C-3" COMMERCIAL INTERMEDIATE ZONING DISTRICT TO 'RMF-6" RESIDENTIAL MULTI-FAMILY DISTRICT FOR A PROPERTY LOCATED ON THE NORTH SIDE OF 109TM AVENUE NORTH APPROXIMATELY 275 FEET WEST OF TAMIAMI TRAIL NORTH AND IS FURTHER DESCRIBED AS LOT 9, BLOCK 2, NAPLES PARK UNIT 1, SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 6750 SQUARE FEET. OBJECTIVE: To have the Board of County Commissioners consider a request for a rezoning of land from its current zoning classification of "C-3" Commercial Intermediate to "RMF-6' residential multi- family, while maintaining the community's best interest. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "C-3" Commercial Intermediate Zoning District to "RMF-6" Residential Multi-Family Zoning District to allow the construction of a single-family residence. The lot in question, like most lots in Naples Park, is 50 feet wide. This lot is also adjacent to RMF-6 residentially zoned lot. The Collier County Land development Code requires a 25-foot setback for commercial properties adjacent to residential parcels. Due to the size of the lot and the required setbacks it is not feasible to build a commercial building with adequate size on this property; therefore, the applicant wishes to change the zoning to residential, similar to all residential lots in Naples Park, enabling them to build a single family residence on the property. Earlier this year, a commercial project on this property requiring a setback variance and an off- site parking approval on the adjoining residentially zoned property to support the commercial development on this site was reviewed by the BZA. At the hearing several people spoke against this petition. The applicant, realizing that they will not receive approval from the Board, asked for a continuance and later withdrew the petition. Prior to applying to this rezone, the applicant contacted the Naples Park Civic Association and obtained their verbal approval for this petition. Staff notified the Naples Park Civic Association regarding this project and did not receive a reply. FISCAL IMPACT: Should this rezone be granted, the applicant will be able to build one single-family residence, which will generate the following impact fees. Road Impact fee: Public Schools Impact fee: $2,433.00 $1,778.OO 1 ZOO1 Regional Parks, Impact fee: Community Parks Impact fee: Libraries Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Building Code Administration Total $179.00 $399.00 $180.52 $117.98 $6OO.0O $14.00 $10.00 $10.00 $5,721.5O In addition to the Impact Fees described there are building permit review fees. Building permit fees have traditionally offset the cost of administrating the community development review process. There are no utility impact fees associated with this residence, as there are no utilities available to the site at this time. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Urban Residential Subdistrict permits residential development at a base density of 4 dwelling units per acre. The subject site is located within a Traffic Congestion Area, resulting in a density reduction of one dwelling unit per acre from the base density of 4 dwelling units per acre. However, the petitioner's request to rezone the property from C-3 to RMF-6 meets the criteria of Density Rating System, Conversion of Commercial Zoning provision which states: if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning which is converted. The applicant is requesting a density of 6 units per acre, which is consistent with the requirements of the GMP and the existing density in the area. ENVIRONMENTAL ISSUES: There are no environmentally sensitive areas on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review RZ-2001-AR-1208 and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: There were no environmental issues involved with this request; therefore, this petition was exempt from the EAC review. 2 DEC 1 1 2001 PLAN"lNG COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on October 4, 2001 and by a unanimous vote recommended approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICI-' PRINCIPAL PLANNER REVIEWED BY: ,,,~USAN MURRAY, AICP CURRENT pLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM pLANNING SERVICES DIRECTOR DATE - ~ I~ATE APPROVED BY: DATE Jq~N M. DUNNUCK, III INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 3 DEC i 1 2001 ,,, ~9. '~ - AGENDA ITEM g-C TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION SEPTEMBER 12, 2001 RZ-2001-AR-1208 OWNER/AGENT: OWNER: AGENT: Larry J. and Marcy A. Gode 5672 Strand Court, Suite #3 Naples, FL. 34110 William L. Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road, Suite B-1 Naples, FL. 34105 REQUESTED ACTION:. The applicant is requesting to change the zoning classification of the subject property from "C-3" Commercial Intermediate Zoning District to "RMF-6" Residential Multi-Family District. GEOGRAPHIC LOCATION_: :l'he subject property is located on the north side of 109~ Avenue North approximately 275 feet west of Tamiami Trail North and is further described as Lot 9, Block 2, Naples Park Unit 1, Section 28, Township 48 South, Range 25 East, Collier County, Florida. This site consists of 6750 square feet. · ~SCRIPTION OF PROJECT: subject property from "C-3" Commer..cial The petitioner wishes to rezone the Intermediate Zoning Distdct to "RMF-6" Residential Multi-Family Zoning District to altow the construction of a single family residence. The lot in question, like most lots in Naples DEC I I 2001 DEC 1 1 Park, is 50 feet wide. This lot is also adjacent to RMF-6 residentially zoned lot. The Collier County Land development Code requires a 25-foot setback for commercial properties adjacent to residential parcels. Due to the size of the lot and the required setbacks it is not feasible to build a commercial building with adequate size on this property; therefore, the applicant wishes to change the zoning to residential, similar to all residential lots in Naples Park, enabling them to build a single family residence on the property. SURROUNDING LAND USE AND ZONING: Existing:Vacant, zoned "C-3" Commercial Intermediate Surrounding: North- East - South- West- Parking lot, zoned "C-3" Commercial Intermediate Single-family residence, zoned "C-3" Commercial Intermediate Single-family residence, zoned "C-3" Commercial Intermediate Triplex, zoned "RMF-6" Residential Multi-Family GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistdct), as identified on the Future Land Use Map of the Growth Management Plan (GMP). A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The Urban Residential Subdistdct permits residential development at a base density of 4 dwelling units per acre. The subject site is located within a Traffic Congestion Area, resulting in a density reduction of one dwelling unit per acre from the base density of 4 dwelling units per acre. However, the petitioner's request to rezone the property from C- 3 to RMF-6 meets the cdteda of Density Rating System, Conversion of Commercial Zoning provision which states: if the project includes conversion of commercial zoning which is not within a Mixed Use Activity Center or Interchange Activity Center and is not consistent with the Neighborhood Village Center Subdistdct, a bonus of up to 16 dwelling units may be added for every acre of commercial zoning w~iich is converted. Based on the above analysis, the proposed use and density for the site is deemed consistent with the Future Land Use Element. Transportation Element:_ The proposed RMF-6 zoning will result in 10 tdps per day. Based on this data, the site- generated traffic will not exceed the significance test standard (5 percent of the LOS design volume) on any County roads. In addition, this project will not lower the level of 2 A~ENOA ITEM .t~ DEC I 1 ZOO1 servic~ below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The proposed rezone will not create or excessively increase traffic congestion on the arterial road system at build-out and complies with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Sewer and water: Water and sewer is available to this site. Drainagle: Water management requirements will be addressed at the time of Building Permit review and approval. Such approvals will be made consistent with Collier County drainage requirements. Sixty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this rezone request. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements-of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County 3 Probability Map. However, Assessment was recommended Archaeological Board. EVALUATION FOR INFRASTRUCTURE: a waiver of Historical/Archaeological Survey and for approval by the Collier County Historical and ENVIRON~ TRANSPORTATION AND The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concem. This primarily includes a review by the Community Development Environmental staff, and the Transportation Division staff. This petition was administratively reviewed on behalf of the F. AC and staff recommended approval. CRITERIA EVALUATION:. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed cfiteda are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiting staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) 4 ,M3ENOA ITEM DEC 1 1 ZOO1 Relati0nshi to Future and Existin Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. A rezoning action having the effect of rezoning approximately 6750 square feet to Residential Single Family will be consistent with the provisions of th~ FLUE. Compatibility: The subject property abuts other RMF-6 residential zoned properties developed with single-family residences. By the virtue of the fact that this property qualifies for Residential Single Family under the Future Land Use Element of the Growth Management Plan, this residential rezoning is comlSatible with surrounding and nearby land uses. Timin.cl: Clearly the timing of a rezoning action from "C-3" commercial is present when the land is impacted with nearby residential land uses and it is not economically feasible to build a commercial development on the property. Traffic:. The site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards within the project's radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TE. Infrastructure: All required infrastructures are already in place. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition RZ-2001-AR-1208 to the BCC with a recommendation for rezoning this property from "C-3" Commercial Intermediate to "RMF-6" Residential Multi-Family zoning district. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICI' PRINCIPAL PLANNER DATE 5 REVIEWED BY: SI~SAN MURRAY, AICP CURRENT PLANNING MANAGER ~ KUCK, P.E. u INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: ADMINISTRATOR Petition RZ-2001-AR-1208 This petition has been tentatively scheduled for November 13, 01 BCC Public Headng. COLLIELCOUNTY PLANNI~CTISSION: 6 OEO 1 1 20(] Pi). ~ REZONE FINDINGS PETITION RZ-2001 -AR-1208 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the. Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: It is the opinion of the Comprehensive Planning Section that a rezone to RMF-6 will be in compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone to RMF-6 will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. ProlCon: Evaluation not applicable. Summary Findings: This property is surrounded on three sides by 'commercially zoned properties and on one side with a residentially zoned property. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is adjacent to properties developed with single-family dwellings. Con: None. Summary Findings: This property is adjacent on one side to a parcel zone RMF-6 developed with a residential structure. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and consistent with the GMP. - AGENDA ITEM 'DEC 1_ :t 2001 Con: None. Summary Findings: This project will be adjacent to residentially developed properties. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. ProlCon: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate because its relationship to the FLUE is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. ProlCon: Evaluation not applicable. Summary Findings: The proposed change will not adversely influence living conditions in the area because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: An action to rezone the property as requested is consistent with all applicable transportation elements. Con: None. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent a statement advising that this project when developed will not increase traffic congestion. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New develc~pment in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra- county drainage appurtenances would increase the dsk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. ProlCon: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous land. Con: None. Summary FindingS: This is a subjective determination based upon factors, which may be internal or external to the subject property. Zoning is only one component, which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. ProlCon: Evaluation not applicable. DEC 1 1 ZOO1 Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. ProlCon: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. ProlCon: Evaluation not applicable. Summary Findings: A policy statement, which has evaluated the scale, density and intensity of land uses, deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites, which are zoned to accommodate the proposed residence. This is not the determining factor when evaluating the DEC 1 1 20~1 approlSdateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above cdteda. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. A~END~ ITEM ,~ DEC 1 1 2001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNI2qCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8528N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON TH~ NORTH SIDE OF 109TH AVENUE NORTH IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM *C-3* TO *RMF-6~ FOR PROPERTY LOCATED ON THE NORTH SIDE OF 109TH AVENUE NORTH; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, of Hoover plannin~ and Development, Inc., representing Larry J. and Marcy A. Gode, petitioned the Board of County Co~m~i~sioners to change the zoning clarification of the hereto deseribod real property. NOW, THEREFORE, BE IT ORDAINED BY THE Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more pamcularly described as: Lot 9, Block 2, Naples Park Unit # 1 as recorded in Plat Book 1, Page 108, of the OFficial Records of Collier County, Florida is changed ~rom C-3 to RMF-6 and the Official Zoning Arias Map numbered 8528N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon filing with the Depamnent of Slate. PASSED AND DULY ADOPTED by the Board ot County Commissioners ot Collier County, Florida, this __ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CONfl~ISSIONERS COLLIER COUNTY, FLORIDA BY: lAMES D. CARTER, Ph.D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY M~jori~O~l. Student Assistant County Attorney DEC I I 2001 i&, APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission D/strict: Date Petition Received: Planner Assigned: ~ RZ-2001-AR-1208 GODE REZONE PROJECT #2001070037 DATE: 7/24/01 CHAHRAM BADAMTCHIAN ABOVE TO BE COlvlPLETEIO BY STAFF General Information: Name of Applicant(s) Larry J. Applicant's Mailing Address 5672 and Marcy A. Gode Strand Courtt Suite 3 City Naples Applicant's Telephone # Name of Agent William Agent's Mailing Address City Naples Agent's Telephone # qql-4231 L. Hoover 3785 Airport 403-8899 StateFlorida Z~ 34110 Fax# 591-4102 Firm Hoover Planninq & Dev.t Road N-: Suite B-1 StateFlorida Z~ Fax# 403-9009 34105 Inc. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPI,ES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STAI~DARD REZOI~E - 10/98 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip. Name of Master Association: N~p!es pe.-k Mailing Address 655 1 03rd Ave. N. City Naples State FL Zip 341 08 Name of Civic Association: Naples Park Civic Association Vera Fitz-Gerald, Pres. (Phone 597-5648) They have already Mailing Address City State __ Zip reviewed. o Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownerslfip interest as well as the percentage of such interest. (Use additional sheets if necessary). Name~dAd~s Per~nmge~Ownem~p Larry J. and Marcy A. Gode 100% 5672 Strand Courtt Suite 3 Naples, FL 34110 If the property is owned by a CORPORATION, list the officers and and the percentage of stock owned by each. APPLICATION FOR PUBLIC l~lt~.i~G FOR ~TAI~DARD REZ~OI~ - 10B98 OEC 1 1 200! Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, the percentage of interest. Name and Address list the beneficiaries of the trust with Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or panners. Name and Address Percentage of Ownership f. Date of Contract: ff any contingency clause or contract terms involve additional individuals or officers, ifa corporation, partnership, or trust. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZOIVE - 10/~8 trties~ list all DEC 1 1 2001 ~'lll i, / ~ I I I Name and Address Date subject property, acquired,..4~, leased [-] ro_~l_2.~erm of lease yrs./mos. 6-17-99 If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public heating, it is the responsibility of the applicant, or agent on his behalt~ to submit a supplemental disclosure of interest form Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 28 Township: 4 ~ Range: Lot: 9 Block: 2 .. Subdivision: Naples Park Unit No. 1 Plat Book 1 Page#: ln~ ProperW I.D.#: 6~4] o2nonoq Metes & Bounds Description: o Size of property.: 5 0 fL X 1 3 5 ft. = Total Sq. Ft. 6 7 5 0 Acres n_ a ~ Address/general location of subject property: 109th Ava_ North: about 275 feet On th~ nnrth ~d~ of west of U.S_ 41 North. 6. Adiacent zoning and land use: APPLICATION FOR PUBLIC HEARIN~ FOR STANDARD DEC 1 1 2001 Zoning Land use ~ C-3 Commercial parkinq S RMF-6 Sipglo-Fmm~ly ~mm~ E C-3 Sinqle-Family Home %3/ RMF-6 Tri-plex lot Does the owner of the subject property own property contiguous to the subject property? ff so, give complete legal description of entire contiguous property. (ff space is inadequate, attach on separate page). Section: 2 8 Township: 4 8 ... Range: 2 5 .. Lot: 1 0 Block: 2 Subdi~sion: Naples Park Unit No. 1 Plat Book 1 Page #: 1 06 Property I.D.#: 6241 0240003 Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the zoning district (s) to the RMF - 6 zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Si n~] o.-fam~ 1 ? homo_ o Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the plooning Commi,qsion's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and doc, mentation in support of the request. Stctt~__dard Rezotte Considerations (LDC Section 2. 7.2. 5.). . · APPLICATION ltOR PUBLIC L!'gaRING ItDR SIAI~ARO ll~gOl~ - 10/98 DEC 1 1 2001 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use patter~ 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn tn relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living corMitions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. I I. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of speciaI privilege to att individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites itt the county for the proposed use in districts already permitang such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of pot, under the proposed zoning classification~ A.PPLICA'rlo~ I~OR PUBLIC I~,AKII~G FOR b'TAgql)ARI) Rg, Z, OI"{]{ - 1.0/98 DEC 1 1 2001 10. 11. 17. The impact of development on the availability of adequate public facdittes and services consistent with the levels of service adopted in the Collier County growth management plan and as definod ami implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions:. The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect oroperty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? y~_~ ~ v~rla.,~o n~t-i~-icm ~ra~,g ~oel~ok~ (~_=_~ ~o~t~'nued) V-99-29. An OSP was also requeste~ for lot to the west to s~rve this Additional Snbmittzl requirements..,:. In addition to this completed applicatioa, the lot. ~ollowin~ shall be submitted in order for your application to be deemed m~cient, unless otherwise waived durin~ the pre-application meeting. ao b o A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8V2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof~ · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (ELS), as required by Section 3.8. c Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PIIBLIC _lJ~._ ARING lrOR ST ~ARI) R~ZONg - 1019~,. DEC 1 1 2001 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); Traffic Impact Statement (TIS), unless waived at the pre-application meeting; ho A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION POR PUBLIC ]HEARING FOR STANDARD RlgZON~- 10/98 D'EC 1 1 ZOO1