Loading...
Agenda 08/21/1986 i! I G f. s f 110014N [ i PARK AND RECREATION ADVISORY BOARD { AGENDA August 21, 1986 A meeting of the Park and Recreation Advisory Board will be held Thursday, August 21, 1986 at 9: 00 a. m. on the 3rd floor of Building F at the Collier County Courthouse. I. Call to Order II. Approval of Minutes - June 6, 1986 III. Addendum IV. New Business A. Review contract for Model Aeronautics, Inc. B. Review change order for Bunn Construction enlarging the size of a septic tank and drain- field at North Naples Community Park C. Review contract for Collier Sports Officials Association for fiscal year 1986/87 D. Updated resolution regarding advisory boards E. Sprigging of Leigh Plummer Park V. Old Business A. Update of the community parks VI. Discussion of Addendum VII. Adjournment MS/amc w Naples, Florida, June 6 , 1986 4 LET IT BE REMEMBERED, that the Parks & Recreation Advisory Board met on this date at 9 : 00 A.M. in Building "F" of the Courthouse Complex, East Naples, FLorida, with the following members present: CHAIRMAN: Dan Monaco Charles Stevens Ron Burton Steve Price Scott McQuillen ALSO PRESENT: Carmen Ruiz , Deputy Clerk; Tim Vanatta, Parks & Recreation Director; Kevin O' Donnell, Public Services Administrator; Pat Cookson, Parks & Recreation Department Secretary; AND: Bob Furlong and Thomas Peek, of Wilson, Miller , Barton, Soll & Peek, Inc. , and Robert Forsythe and John Geshay from Forsythe, C;) Humphrey & Assoc. AGENDA I . Call to Order II . Approval of Minutes III. Addendum IV. New Business A. Review bids for Marco Island Community Park B. Review change order for additional landscaping at Golden Gate Community Park - Santa Barbara Blvd. ($50 , 000 donation from Bill Higgs of the Power Corporation. ) C. Review change order for site preparation contract in regards to as-built quantities at Immokalee Community Park, Phase I , Part II . V. Old Business VI . Discussion of Addendum VII . Adjournment Page 1 PARKS AND RECREATION ADVISORY BOARD JUNE 6 , 1986 4171) APPROVAL OF MINUTES Mr. McQuillen moved seconded by Mr. Stevens, and carried unani- mously that the minutes of May 15, 1986 be approved with the following correction: Pages 2, 3 and 6 where it reads "Mr . Price" should be "Mr . Stevens. " BIDS FOR MARCO ISLAND COMMUNITY PARK - RECOMMENDED FOR APPROVAL Mr . Thomas Peek from Wilson, Miller , Barton, Soll & Peek, Inc. , stated that he wrote a memorandum to Mr . Tim Vanatta setting forth evaluations and recommendations on the bids; however , after reviewing it, it was found to contain some word errors and those have been corrected in the revised document which he handed to each Board member . He indicated that bids were received on Sitework & Paving and Landscaping & Irrigation and the tabulations are shown on Table 1. However , after review and analysis and using the Marco Island Community Park Priority List, the Design Team drew up Table 3 on Page 5, which is a summary of resultant low bidders and recommendations to award contracts. Mr . Peek covered in detail recommended reductions and additions to each contract. He concluded by saying that they are recommending awards to be made in the areas and contractors as outlined on Page 5 of the memorandum. Mr . McQuillen asked if these bids included lake or picnic facili- ties, and Mr . Peek answered negatively. Mr . McQuillen stated that he understands how the contingency was arrived at but asked why Mr . Peek felt it was adequate? Mr. Peek Ibp Page 2 PARKS AND RECREATION ADVISORY BOARD JUNE 6, 1986 Canswered that it is probably on the low side, but that there is the interest account which these funds have been generating which is kind of a reserve in case the contingency fund or some other method is not available to cover unexpected costs. Mr . McQuillen asked in the construction process, where is it most likely to run into unexpected costs? Mr . Peek said there is one specific location, that being bad sub-surface conditions on the Maintenance Building site and the Recreation Community Building site. Mr . Peek indicated that they do not want to recommend award of a contract that has no contingency and the recommended alternates to change material types is in the best interest of the County. Mr . McQuillen asked if there was available a layout of the covered basketball facility and Mr . Peek produced plans which were reviewed. ® Mr . McQuillen asked if volleyball and basketball can be played at the same time and Mr . Peek answered "No. " After a discussion on the Priority List, Mr . Peek indicated that everyone' s goal was to get to a position of making both young and old happy on Marco Island and his firm' s recommendation is to to still keep everyone happy by putting in both basketball and shuffleboard facilities. Mr . Price asked what the time frame was on this park as far as issuing this contract and building it out? Mr . Peek stated that the item will be on the County Commissioners ' agenda for June 17, 1986 for recommendation to award the contracts and Notice to Proceed will be be 1 Page 3 1 PARKS AND RECREATION ADVISORY BOARD JUNE 6, 1986 issued to the first contractor within 30 days thereafter . He added that they are projecting a 9-month build-out for the entire facility. In answer to Mr . McQuillen' s question, Mr . Burton stated that even- tually the whole plan will be build-out, which would include swimming pool , civic center , etc. Mr. Price moved, seconded by Mr. McQuillen and carried unani- mously, that the bids for the Marco Island Community Park be approved for recommendation as presented by the Design Team and outlined on the Memorandum dated May 30, 1986. Mr . Monaco asked Mr . Peek if, assuming the contingency of $33 , 000 is not enough, has he come to a conclusion of any other facility that he would delete? Mr . Peek answered that the first priority would be the interest account, and the second fallback would be to change from 1 III / Bermuda sod to Bahia sod, which would drop $20, 000 off the price. REVIEW CHANGE ORDER FOR ADDITIONAL LANDSCAPING AT GOLDEN GATE COMMUNITY PARK-SANTA BARBARA BLVD. - RECOMMENDED FOR APPROVAL Mr . Vanatta stated that when the County bought the property at Golden Gate from Power Corporation, Power donated $50, 000 towards making this park a bit more unique than the others in character , and at this point the Parks & Recreation Department wants to utilize those funds for landscaping. Mr . Peek stated that the owner of the company, Mr . Bill Higgs, had stated, when asked, that he would like see the money used for landscaping around the entranceway, the southwest corner and the 1 Inv Page 4 5 PARKS AND RECREATION ADVISORY BOARD JUNE 6, 1986 0 corner on the west side, which would increase the beauty of the park, and for his own reasons because he is developing the portion directly across the street. Mr . Furlong produced the site plans which were reviewed. He said that the yellow highlight is landscape planting that was included in the original Phase I contract; the green highlighting is what they would like to add as part of this $50, 000 donation. Mr . Furlong also referred to the Landscaping List which everyone followed and indicated that the original contract prices were crossed out and the new ones penciled in. Mr . Burton asked how much the original amount of the Landscaping Contract was, and Mr . Furlong answered $57, 000, and the proposed add- on would be $36 , 000 . Mr . Burton stated that when a $50, 000 contract ® is increased $36 , 000 without putting it out for bid, it is unreaso- nable because other competitors may be able to give a better price. Mr . Peek stated that they are also concerned on that point, but if they don' t issue a Change Order to the present contractor what they will have to do is to permit his contract to run its full term, because this contractor has a watering period to grow into and a guarantee period on the end of his contract that would require him to complete his contract before anything additional is done, assuming a different contractor got the bid. This would, he added, run the project status up until around December of this year, and when the new contractor gets on site he may disturb some of the work that is 41:0) Page 5 PARKS AND RECREATION ADVISORY BOARD JUNE 6, 1986 already in place. Mr . Burton stated that it is an excessive addition to give that amount to the same contractor; the County is not obli- gated to give him the extra work. After a long discussion, Mr . Furlong stated that if this is bid out as a separate contract, some of the landscaping needs to be there when the park opens. Mr. Burton moved that the additional landscaping work for $36,000 be put out for bid. Mr . Vanatta stated that the present landscaper does quality work and from an operational standpoint he would rather see the job finished and when the County goes in it will be a turnkey operation. Mr . Peek stated that he will go on record and say that they recom- mend going with a Change Order . 4:) Mr. Burton moved, seconded by Mr. Price and carried unanimously, to accept the Design Staff's recommendation for a Change Order for additional landscaping at Golden Gate Community Park-Santa Barbara Blvd. CHANGE ORDER FOR SITE PREPARATION CONTRACT IN REGARDS TO AS-BUILT QUANTITIES AT IMMOKALEE COMMUNITY PARK, PHGASE I, PART II - RECOMMENDED FOR APPROVAL Mr . Furlong stated that it had been underestimated how much fill was needed for the proposed Phase I construction, Part II . He added that it turns out that the topos used did not indicate the hole that existed on the site well enough; it happens to be in the area where there is concentrated work. The fill , he said, was used for parking C Page 6 rrr PARKS AND RECREATION ADVISORY BOARD JUNE 6, 1986 11[: areas, maintenance areas, courts, sidewalks and racquet center , and there was hole right where they needed to do the work, so the estimate on the fill was insufficient. Mr. Burton moved, seconded by Mr. Stevens and carried unanimously, that approval be recommended on a Change Order for Immokalee Community Park, Phase I, Part II in the amount $7,425.00 to Harper Brothers, Inc. OLD BUSINESS Mr . McQuillen asked what the final decision was on the naming of Marco Island Community Park, and Mr . Vanatta stated that the name chosen by the family was Frank E. Mackle, Jr . and that recommentation will go before the Board of County Commissioners for approval on June 10 , 1986 0 ADJOURNMENT There being no further business to come before the Parks and Recreation Advisory Board, the meeting adjourned by Order of the Chair: Time: 10 : 15 A.M. PARKS & RECREATION ADVISORY BOARD Dan Monaco, Chairman Page 7 miarremommigloomilmemommir r DIRECTOR' S REPORT ITEM IV A Review Contract for Model Aeronautics Club, Inc. The model Aeronautic Club, Inc. utilizes County owned property located on Manatee Road, to conduct club activities which include: routine flights of model airplanes, small exhibitions and tournaments and practice for competitive tournaments. The club maintains the area they use with no cost to the County. Discussion by Dan Loubier. ITEM IV B Review In late July this Department received a change order from Bunn Construction to enlarge a septic tank and drain fields at North Naples Community Park in the amount of $3,915. Policy is for any change order over $2, 000 must be approved by the BCC. Due to time restrictions and the urgent need to have this change order approved, the Vice Chairman of the Advisory Board was contacted to approve this change order. Both the County' s Engineering Department and our consulting engineer have approved this change order. Attached for your review is the executive summary sent to the BCC and the change order request. Discussion by Murdo Smith. ITEM IV C Review Annual Contract for Collier Sports Officials Association The C. S. O. A. has been contracted for the past 6 years for the purpose of providing officials for County recreation and athletic programs. The Park and Recreation Department is fully satisfied with the services the C. S. 0. A. provides. Enclosed is a copy of the proposed annual contract. Discussion by Dan Loubier. ITEM IV D Updated Resolution Regarding Advisory Boards The BCC has adopted a resolution updating established advisory boards. A copy of the resolution is included in the agenda package and should be reviewed by each member. Kevin O' Donnell will discuss this issue if desired. ITEM IV E Sprigging of Leigh Plummer Park Bids were to be opened on July 30, 1986 for sprigging grass at Leigh Plummer Park, on Marco Island. No bids for this project were received. The Purchasing Department informed me that if quotes were obtained, this item could be brought to the BCC for consideration. Murdo Smith will discuss this issue. C i c AGENDA ITEM TRANSMITTAL SLIP pate Submitted: 6• /b. f,jc Requested Agenda Date: 4:v• (7- g�. APPROPRIATE HEADING (CIRCLE ONE) : (5) Proclamations & Presentations, (6A) Comprehensive Plan Amendments, (6B) Zoning Amendments, (6C) Other; (7A) BZA Public Hearings (7B) Provisional Use (7C) Other, (8) Public Petitions (9) Old Business; (10A) Community Development, (10B) Public Works, (10C) Public Services, (10D) Utilities, (10E) County Manager; (11) Attorney; (12) Clerk; (13) BCC; (14) Other Constitutional Officers (15) New Business; (16) Consent Agenda; •equested By: /1'40 binge- Date: 6,- 4 .3 > Reviewed By: Date: Reviewed By: Date: Division Head Date: Manager: Date Item Title RECOMMENDATION TO APPROVE THE ADOPTION OF A RESOLUTION AND EXECUTION OF A LEASE OF CERTAIN PROPERTY TO THE COLLIER MODEL AERONAUTICS CLUB List Of Documents Attached: 1. Executive Summary (required) 3. Lease Agreement 2. Resolution 4. 4/85-S13 5 RECOMMENDATION TO APPROVE THE ADOPTION OF A RESOLUTION AND EXECUTION OF LEASE OF CERTAIN COUNTY PROPERTY TO THE COLLIER MODEL AERONAUTICS CLUB Objective: To obtain approval to adopt a resolution and execute a Lease Agreement to allow the use of certain County property by the Collier Model Aeronautics Club, Inc. Consideration: On May 26, 1981 the Board of County Commissioners approved a Lease Agreement which allowed the Collier Model Aeronautics Club, Inc. , a non—profit corporation to utilize a portion of the Gran property owned by Collier County for a period of five years at a cost of $1. 00 per year. The Collier Model Aeronautics has approached the Parks and Recreation Department to renew the lease. This department subsequently contacted the County Attorney' s office to ensure the lease was in the best interest of the County and the Attorney has issued a new Lease Agreement for again a five year period at $1. 00 per year. t Fiscal Impact: None (111: Recommendation: Staff and the Parks and Recreation Advisory Board recommends the adoption of the Resolution and the approval of the Lease Ag • eement with the Model Aeronautics Club, Inc. Prepared 4y=�/ � ,.S r !- Date 6 • //. 8J,(0 Tim S. Vanatta, Director Parks and Recre-tion Reviewed by: Date Kevin O' Donnell, Administrator Public Services Division TSV: pc t 4 } ' 4::) ' 5 E t M E M O R A N D U M DATE: June 9, 1986 TO: Tim Vanatta, Parks and Recreation Director FROM: David C. Weigel, Assistant County Attorney Ai e„vV RE: Resolution and Lease Agreement of County and Collier Aeronautics Club, Inc. Attached hereto are original drafts of the above-referenced Resolution and Lease Agreement. Please note that the Lease Agreement is not a mere "renewal" of the prior Lease, but rather is a new lease, because of a few errors in drafting that existed in the 1981 Lease Agreement that I did not want to perpetuate. It is my understanding that you shall be responsible to prepare the Executive Summary (ies) and Agenda slip (s) for the 411 Lease Agreement and Resolution. If you should have any questions, please advise. DCW/k/k cc: Pat Carroll PP1443 M E M O R A N D U M 1)-P AA1 0)(i(iii • TO: Kevin 0' Dondlea 9 Pbhhe Services FROM: Nancy Israelson, Administrative Assistant Board of County Commissioners SUBJECT: Ordinance Establishing Standards for Creation and Review of County Advisory Boards DATE: August 8 , 1986 li On August 5th, the Board of County Commissioners adopted the attached ordinance relating to county advisory boards. Since you work with one or more of our advisory groups, I am sending this information to you and request that you relay the information to your advisory board members. If you have any questions regarding this Ordinance, please do not hesitate to contact me at Extension 8296. C a' cy Isr. = •n /niiK///:L r� /" Attachment f d jY / /„."}„ --I, 7 A i„,9 €-'6 /4--A' , t'e /111-1 J y(d ///� ,,,- 7 / Nlik ip ,fir fJ,. \ 1 T,UG 1Y198:Er'.; DiVISMIl , i ORDINANCE NO. 86 - 41 ORDINANCE ESTABLISHING STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS AND PROVIDING A POLICY DECLARATION; PROVIDING EXEMPTION; PROVIDING DEFINI- TIONS; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENTS; PROVIDING TERMS OF OFFICE; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING ATTEN- DANCE REQUIREMENTS; PROVIDING SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: POLICY DECLARATION. It is hereby declared to be the policy of the Board of County Commissioners of Collier County, Florida, to promote economy, efficiency and improved service in the transaction of 'the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the Commission from amending or abolishing, at any time, any Board currently in existence or hereinafter created. SECTION TWO: DEFINITIONS. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, commit- tee, task force or any other group created and funded in whole or 1 in part by the Board of County Commissioners. The term "Con.-nission" is defined as the Board of County Commissioners of Collier County, Florida. The term "Exempt" is defined to include Ad-Hoc Study Committees appointed by Resolution of the Board of County Commis- sioners for a duration of not more than one (1) year and created to serve a specific short-term function. SECTION THREE: CREATION OF NEW BOARDS. (a) All Boards created after the effective date u`thiat =Ordinance shall be created by ordinance' 'only, except, for the Ad-Hoc Study Committees which fall under the definition of Exempt. Such ordinance shall set forth the Board's purposes; fuuctions; powers; responsibilities.;ID P ilities'; jurisdiction; membership. requirements and restricti ,ns; terms and conditions of appoint- 4:70) ment. to and removal from the Board; and the specific staff supportit if any, necessary to prepare an annual report, either oral or written, to be presented to the Commission. (b) Prior to the advertised public hearing held for said ordinance, the County Manager shall submit to the Commission, a report setting forth the following information concerning the proposed new Board: 1.) Whether the establishment of the Board will create sufficient betterment to the community to justify the Commission's delegation of a portion of its authority. 2.) Whether another Board or agency, either public or private, already in existence, could serve, or is serving -- the same purpose. 3.) The costs, both direct and indirect-, - of—estab- r.; lishing- and maintaining :the new..Board::: . _.,,. -. _. f - 4.) - Whether_creation of _the new Board. is necessary to ® " - ....enable the County to obtain state or federal grants or other financing. 5.) Whether the Board should have bonding- authority. _ 6.) Whether creation of a new Board is the best method • to achieve the benefit desired. - SECTION FOUR: EXEMPTION. . The Board of County Commissioners may, by resolution, appoint an Ad-Hoc Study Committee for a specific project, if the duration of the Committee does not exceed one (1) year duration. The resolution must set forth the duties and responsibilities of the .Committee and contain language which automatically dissolves the Committee in one (1) year from the date of adoption by the Commission. SECTION FIVE: QUALIFICATIONS AND REQUIREMENTS FOR FOR MEMBERSHIP ON BOARDS All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active ' 401) in community service. In addition, all Board members should have 2 • f, demonstrated an interest in the activity or service which is the 417; purpose of the Board. Any member of a County Board who ceases to be a resident of Collier County during his or her term of office shall immediately advise the Commission of such change in status. Upon such notice the Commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Commission's primary consideration in appointing Board members shall be to provide the Board with the technical, profes- sional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. No person shall serve on more than two County Boards simul- ,;taneously. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board. Should any County Board member qualify as a candidate for an • elective political office, such qualification shall be deemed a tender of resignation from such Board. Any County Board member who has qualified for elective political office prior to the effective date of this Ordinance shall not be required nor be • deemed to have resigned from such Board. SECTION SIX: PROCESS OF APPOINTMENT. (a) Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and County Courthouse. (b) Prior to making appointments to Boards, the Commission's staff shall provide the Commission with a list outlining the qualifications and demographic background of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each Board to which an appointment is being made. 3 SECTION SEVEN: TERM OF OFFICE. (a) Terms of office for Board members shall be staggered. (b.) (1) Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; pro- vided, however, that any person currently serving on a Board shall be permitted to serve on that Board until the expiration of his or her term. (2) By a unanimous vote of the Commission, the limita- tions set forth in subsection (b) (1) above may be waived. (c) Nothing set forth in subsections (b) (1) above shall prohibit any individual from being reappointed to a Board after a hiatus of two years. - SECTION EIGHT: ATTENDANCE REQUIREMENT. Any Board member shall be automatically removed if he or she is absent from two consecutive Board meetings without a satis- factory excuse or if he or she is absent from more than one-half of the Board's meetings in a given fiscal year. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meeting. SECTION NINE: REVIEW OF BOARDS. Commencing January 1, 1987, each Board shall be reviewed in • the following manner: (a) On or before January 15th of the year in which a Board As be reviewed, its Chairperson shall submit to the County ' Manager a report setting -forth the following information regarding the Board: 1.) Whether the Board is serving the purpose for which it was created. 2.) Whether the Board is adequately serving current community needs. 3.) A list of the Board's major accomplishments for the preceding twelve month period. 4.) Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. 4 5.) Whether the ordinance creating the Board should be 4:;) amended to allow the Board to more adequately serve the purpose for which it was created. ""6.)' Whether the Board's membership requirements should be modified. 7.). The cost, both direct and indirect, of maintaining the Board. (b) On or before February 15th of the year in which a Board is to be reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section 9 (a) of this Ordinance, together with any recommendation or comments the County Manager may have. (c) During March of the year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section 9 (a) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee con- sisting of three (3) members of the Commission. Said subcom- mittee shall evaluate the Chairperson's report, the County Manager's recommendations and any other information it deems • relevant to determine whether the Board shall continue in its present form. The subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. (d) At the conclusion of this review process, the Commis- sion shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. (e) The following Boards shall be reviewed in the years as set forth below and shall be reviewed once every four (4) years thereafter: 11.987:,, Board of Adjustment and Appeals Food Establishment Review Board Tourist Development Council Emergency Medical Services Advisory Council 5 t r t / 1988:* Library Advisory Boar& Golden Gate Community Center Advisory Committee Contractors Licensing Board Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board 1989: Citizens Advisory Task Force Collier County Code Enforcement Board Golden Gate Parkway Beautification Advisory Committee Collier County Planning Commission 1990: Marco Island Beautification Advisory Committee Ochopee Fire Control District Advisory•Committee , Natural Resources Advisory Council (EAC/WMAB) Public Vehicle Advisory Committee Immokalee Airport Advisory Board (f) All Boards created after the effective date of this Ordinance shall be reviewed once every four (4) years thereafter. SECTION TEN: 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 g portion. • SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed i 1 with the Secretary of State. PAS.SEb'`A D DULY ADOPTED by the Board of County Commissioners UC tii D of Col lee Coun`tFlorida, this 5th day of August , 1986. ATTEST %- JAMES3G Cl LESp; erk BOARD OF COUNTY COMMISSIONERS � COLLI R OUNTY FLOR Ry, :�` V' '�� Virgil ;,IViagr'i.-, BY 1-e,� /� £'� Deputy`01,erk /J HN A. PISTOR Chairman Approved as to form and legal sufficiency: ?i � rJAoC Aw t r� R. Bruce Anderson IC> Assistant County Attorney 6 • (;) RESOLUTION NO. 86- A RESOLUTION APPROVING THE LEASING OF COUNTY PROPERTY TO THE COLLIER MODEL AERONAUTICS CLUB, INC. WHEREAS, the COLLIER MODEL AERONAUTICS CLUB, INC. , a corporation not for profit organized for the purpose of promoting and engaging the building and flying of radio controlled model aircraft has applied to the Board of County Commissioners of Collier County, Florida for the use of certain real property owned by Collier County, and WHEREAS, the real property sought to be leased by the Collier Model Aeronautics Club, Inc. will be used for the pleasure and recreation of the members of the Collier Model (:) Aeronautics Club, Inc. and any resident or citizen who is a current member of the Academy of Model Aeronautics, and WHEREAS, the real property sought to be leased by the Collier Model Aeronautics Club, Inc. is not needed for County purposes, and WHEREAS, in consideration of the execution of a Lease Agreement, Said Lease Agreement attached hereto and made a part hereof as Exhibit "A" and incorporated herein fully by reference, the Collier Model Aeronautics Club, Inc. will transmit to the Board of County Commissioners of Collier County, Florida the amount of One Dollar ($1 . 00) per year for each year of the Lease Agreement, said Lease Agreement having a term of five (5) years, and WHEREAS, the Collier Model Aeronautics Club, INC. , under the terms and conditions of said Lease Agreement must vacate the leased premises within sixty (60) days of receiving notice from Collier County that the property is needed for County purposes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that it hereby leases the following described real property to the COLLIER MODEL AERONAUTICS CLUB, INC. , subject to the terms and conditions of the Lease Agreement attached hereto as Exhibit "A" and made a part hereof. it I 0 The NW-1/4 of the SE-1/4, less the Northerly 258 . 45 feet and less the Southerly 124. 29 feet thereof; all in Section 11, Township 51 South, Range 26 East, Collier County, Florida. Approximately 30 acres. This Resolution adopted after motion, second and roll call vote as follows: Commissioner Commissioner Commissioner Commissioner Commissioner 4;) DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA i i By: A. PISTOR, Chairman Approved as to form and legal sufficiency: David C. Weigel Assistant County Attorney 4 C 9 2 LEASE AGREEMENT THIS LEASE AGREEMENT made in Naples, Florida this day of , 1986, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter called Lessor and the COLLIER MODEL AERONAUTICS CLUB, INC. , a corporation not for profit organized under the laws of the State of Florida, herein- after called Lessee. W I T N E S S E T H: ARTICLE I Demised Premises In consideration of the payments of rents and the perform- ance of the covenants hereinafter set forth, the Lessor hereby Qleases to the Lessee and the Lessee hereby rents from the Lessor the following described premises hereinafter called the "Demised Premises" situated in the County of Collier and State of Florida: The NW-1/4 of the SE-1/4, less the Northerly 258 . 45 feet and less the Southerly 124. 29 feet thereof; all in Section 11 , Township 51 South, Range 26 East, Collier County, Florida. Approximately 30 acres. ARTICLE II TERM To have and to hold for a term of five (5) years to commence on June 1, 1986 . The term of this Lease shall end on May 31 , 1991 . It is understood and agreed that the rent under this Lease shall commence upon June 1, 1986 . ' CI) ARTICLE III RENT Lessee hereby covenants and agrees to pay as rent for the demised premises the sum of One Dollar ($1 . 00) per annum payable annually on the anniversary date of the execution of this Lease Agreement. ARTICLE IV MODIFICATIONS TO PREMISES Prior to making any changes or alterations of a permanent nature to the demised premises, Lessee will provide to Lessor requests for alterations or changes to the demised premises for (:) Lessor' s approval, specifying the nature and extent of the desired alteration or change, or addition, along with contem- plated completion time for said project. Lessor or its designee will then have ten (10) days within which to approve or deny in writing said requested changes, alterations or improvements . No response by Lessor as provided herein shall be considered a denial of such request (s) . Costs, if any, incurred by Lessor as a result of changes requested by Lessee and approved by Lessor, shall be paid by Lessee to Lessor upon demand. If any costs are incurred by Lessor as a result of Lessee' s failure to complete the proposed project and by Lessor' s completion of the proposed project and upon demand and within ten (10) days of the demand Lessee shall pay to Lessor the amount of costs incurred by CLessor. No election to perform by Lessor shall constitute waiver of any covenant or obligation of Lessee or any future default. All alterations, improvements and additions to the demised premises shall be made in accordance with all applicable laws, rules and regulations, and shall at once when made or installed be deemed as attached to the freehold and to have become the property of Lessor and shall remain for the benefit of Lessor at the end of the term or other expiration of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted. In the event of making such alterations, improvements and additions as herein provided Lessee further agrees to indemnify and save harmless the Lessor from all ex- penses, liens, claims or damages to either persons or property (:) arising out of or resulting from the undertaking of said alter- ations, additions and improvements. ARTICLE V USE OF PREMISES The demised premises shall be occupied and used solely for purposes of the operation of a model airplane flying club by Lessee and shall be subject to rules and regulations as to hours of operation, and scope of operation, as may be provided by Lessor or its designee to Lessee in writing, any such regulations being in addition to the covenants and agreements contained herein. 2 41111111P, s CLessee covenants and agrees: A. That the demised premises shall not be used after dark i or before 8 :00 A.M. for the flying of aircraft. B. That use shall be restricted to members of Lessee and their families . C. To keep the demised premises in a careful, safe, clean and proper manner; keep the service areas adjoining the demised premises clear of debris, and not permit any rubbish or refuse of any nature to accumulate. D. To prevent the demised premises from being used in way which will injure the reputation of the same or may be a nuisance, annoyance, inconvenience or damage to the neighborhood or adjoining or surrounding properties. E. To abide by all rules and regulations established by Lessor or its designee from time to time. F. Not to use, occupy, suffer or permit the demised pre- mises or any part thereof to be used or occupied for any purpose contrary to law or the rules and regulations of any public authority or in any manner so as to increase the cost of hazard insurance to the Lessor over and above the normal cost of the Lessor. Lessee will, on demand, reimburse Lessor for all damages caused by Lessee' s use of the demised premises, whether or not Lessor has consented to such use. ARTICLE VI ASSIGNMENT AND SUBLETTING CLessee covenants and agrees not to assign this Lease or to sublet the whole or any part of the demised premises, or to permit any other persons to occupy same without the written consent of the Lessor first had. Any such assignment or subletting, even with the consent of Lessor, shall not relieve Lessee from liability of payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of 3 any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the demised premises. An assignment for the benefit of creditors or by operation of law shall not be effective to transfer any rights to assignee without the written consent of the Lessor first having been obtained. ARTICLE VII HOLD HARMLESS Lessee covenants and agrees that it will defend, protect, save and keep the Lessor forever harmless and indemnified against and from any penalty or damage or charges imposed for any vio- lation of any law or ordinance, whether occasioned by the neglect of Lessee or those holding under Lessee, and that Lessee will at all times defend, protect, indemnify, save and keep harmless the Lessor against and from any and all claims, loss, costs, damage or expense arising out of or from any accident or other occur- rence on or about the demised premises causing injury to any person or personal property whomsoever and whatsoever when such claim, loss, cost, damage or expense is occasioned by or result of any failure of the Lessee in any respect to comply with and perform all the requirements and provisions of this Lease Agree- ment, or due to any act, error, omission or negligence on the part of Lessee or its designee. 2 . Lessee agrees to assume all risks of loss, injury, or damage of any kind or nature to any person or property, includ- ing, but not limited to, any building or other structure, or to the contents of any such building or structure, or to any goods, chattels, or any other property that may be in or upon the areas or premises to be used by Lessee, whether belonging to Lessor or others, which results from the flying of their model aircraft upon the demised premises and under the supervision of Lessee during the term of this Agreement and at times during which these areas are in use by Lessee. Lessee shall take proper care, safety, and health precautions to protect the County, the public, and the property of others. 4 jow 0 ARTICLE VIII 7 INSURANCE Lessee agrees to carry, during the term of this Agreement, a at its own cost and expense, general liability insurance covering any and all claims for injuries to persons occurring in, upon or i about the demised premises, including, but not limited to, all i 5 damage from signs, glass, awnings, fixtures, structures, or other 5 appurtenances now or hereafter erected on the demised premises by the Lessee, during the term of this Lease, such insurance at all times to be in the amount of not less than $100,000.00 for injury to any one person and not less than $300,000.00 for injury to more than one person and one accident, and $100,00 .00 property damage. Such insurance shall be written with a company or com- Cpanies authorized to engage in the business of general liability insurance in the State of Florida, and there shall be delivered to the Lessor ' s Risk Management Office customary insurance certi- fications evidencing such paid up insurance. Such policies shall also insure that the insurance company provide to Lessor 30 days notice of any intent to cancel the insurance of Lessee as required herein. Collier County shall be included as an additional insured on such general liability insurance policy (ies) required hereunder. ARTICLE IX t 1 i SURRENDER OF DEMISED PREMISES 1 1 . Lessee covenants and agrees to deliver up and surrender 4Dto the Lessor possession of the demised premises and any improvements thereon upon expiration of this Lease, or its earlier termination as earlier provided, in as good condition and repair as the same shall be at the commencement of this Lease, or may have been put by the Lessee during the continuance thereof, { ordinary wear and tear and damage by fire or the elements beyond Lessee ' s control excepted. 2. Lessor may terminate this Lease without any liability on the part of Lessor to Lessee upon providing to Lessee sixty (60) days' written notice of its intent to do so, upon a determination by the Lessor that the demised premises are necessary and are needed by Lessor for a County purpose. 5 1 1 i 0 3. Upon termination, expiration or in surrendering the demised premises, Lessee shall insure that all structures , improvements, fixtures, additions, and appurtenances erected, constructed or altered during the course of the agreement are in broom clean and good condition, ordinary wear and tear excepted. ARTICLE X RESTRICTIONS ON USE OF DEMISED PREMISES 1 . Lessee shall administer the "radio control flight" area, shall provide on-site supervision during the times which Lessee 's 1 aircraft are flying and as directed by the Collier County Parks and Recreation Department, and Lessee shall post the area accordingly with rules and regulations pertaining to the use of , radio controlled model aircraft and rules and regulations per- taining to U-Controlled model aircraft. 2 . At the time that the "radio control flight" area is in use and being supervised by Lessee, members of the public shall be permitted to use the flying areas but must be current members of the Academy of Model Aeronautics (AMA) and shall abide by all rules and regulations posted and administered by Lessee and/or Lessor. Lessee shall have the authority to request that viola- 1 tors of such rules and regulations remove themselves from the 1 premises . 3 . All individuals or persons utilizing the demised pre- mises for purposes of model aircraft flying must comply at all times with the rules and regulations of the Academy of Model Aeronautics (AMA) and all other applicable rules and regulations , 417; statutes and ordinances of the State, Federal government, or the County or any agencies or departments thereof, and the terms and conditions of this Agreement. ARTICLE XI DEFAULT BY LESSEE In the event of any failure of Lessee to pay any rental due hereunder or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Lessee for more than fifteen (15) days after written notice of such default shall have been given to Lessee, or if Lessee or any 6 illNiNIIIIIMINIMI -, j 1 1 i 0 agent of Lessee shall falsify any report required to be furnished to Lessor pursuant to the terms of this Lease, or if Lessee shall abandon said premises, or suffer this Lease to be taken under any writ or execution then Lessor may avail itself of the rights or writ or remedies it may have, shall have the immediate right to cancel this Lease and re-enter in, remove all persons on the leased premises, and personal property of Lessee and all other I persons and such personal property may be removed and stored in a public warehouse or elsewhere at the cost of; and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. i 4:) ARTICLE XII WAIVER OF LESSEE'S DEFAULT No waiver of any covenant or condition or the breach of any 1 1 covenant or condition of this Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to justify or authorize the non-observance on any other I occasion of the same or any other covenant or condition hereof, nor shall the acceptance of rent by Lessor at any time when Lessee is in default hereof be construed as a waiver of such ( default or of Lessor' s right to terminate this Lease on account of such default, nor shall any waiver of indulgence granted by Lessor to Lessee be taken as an estoppel against Lessor. ARTICLE XIII All terms, covenants and conditions herein contained to be 4:; performed by Lessee, shall be performed at its sole expense and if Lessor shall pay any sum of money or do any act which requires the payment of money, by reason of the failure, neglect or refusal of Lessee to perform such term, covenant or condition, the sum of money so paid by Lessor shall be payable by Lessee to Lessor within thirty (30) days of Lessee' s receipt of a written invoice stating such costs incurred by Lessor. ARTICLE XIV Nothing contained in this lease shall be deemed or construed by the parties hereto or by any third party or constitute the relationship of principal and agent or of partnership and of 7 .,rrr NIMMMIIIIMMOMMMIft 1 i 0 joint venture or of any association whatsoever between Lessor and Lessee, it being expressly understood and agreed that none of the provisions of this Lease or any act or acts of the parties hereto shall be deemed to create any relationship between Lessor and 1 Lessee other than the relationship of Lessor ("landlord") and I Lessee ("tenant") . 1 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. 1 1 ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA I 1 By: JOHN A. PISTOR, Chairman AS LESSOR Attest: 0 1 1 i Secretary (Corporate Seal) COLLIER MODEL AERONAUTICS CLUB, INC. WITNESSED: By: JAMES QUIGLEY, President 1 AS LESSEE 1 1 Approved as to form and legal sufficiency: David C. Weigel Assistant County Attorney i 1 Co) i 1 1 i 1 1 i i 8 i 7 i i 4 • • • RECOMMENDATION .'TO APPROVE A $3,915 CHANGE ORDER TO INCREASE THE SIZE 4:) OF A SEPTIC TANK AND DRAINFIELDS AT NORTH NAPLES COMMUNITY PARK OBJECTIVE: To- obtain approval of a $3,915 change order -to increase the size of a septic tank and drainage'.fields at North Naples Community Park. : p''hl� °'CONSIDERATIONSa G Ma 7, 1985, the Boar r e� ���'>w� y �ci�;pf�,County Commissioners established a"y ,oi icy.. stat ing that any .cha#igWOrders over. $2,000 for construction {ofthe community' parks woul °require Board 'approval. Change Order ,#2,.for ;Bunn,,,Construction at�I orth Naples Community Park in the amount`: of"$3,915 . is for the following: 1. Racquet;'`Center Increase drainfield from 320 sq. ft. to 410 sq. ft. 2. Field Center - Increase 750 gallon tank with 375 sq. ft. of drainfield to a 1250 gallon tank with 500 sq. ft. of drainfield. 3. Equipment Building - Increase 188 sq. ft. of drainfield to 250 sq. ft. 4. Add two ( 2) 150 gallon tanks with build up manhole covers and sump pumps with floats and high water alarms for racquet and field control centers. This change order comes at the request of the Health Department upon reviewing plans for the septic system. This change order has been recommended by the consulting engineer, Mr. Tom Peek and the County Engineering Department. Due to certain time restrictions, the Parks and Recreation Advisory Board ( PARAB) gave permission to either the Chairman or Vice-chairman to approve certain types of change orders over $2, 000. The Vice-chairman was contacted on this matter and approved the change order on August 5, 1986. This change order will increase the present contract amount of Bunn Construction from $121,750. 70 to $125. 665. 70. FISCAL IMPACT: This change order of $3, 915 is to be paid out of the 1985/86 fiscal year budget. Adequate monies are available to cover this change order in the account 306-113-6383-6310, Parks and Recreation Capital Improvement, North Naples Community Park. RECOMMENDATION: Staff and PARAB recommends approval of the change order. Prepared by: L•/i ■626/,-. Date: Mur•o Smith, Acting Director Parks and Recreation 4: Reviewed by: Date: Kevin O' Donnell , Administrator Public Services Amg • Aup UNN INC P 2077 PINE RIDGE ROAD • NAPLES,FL 33942 Phone (813) 598-3141 July 23, 1986 Wilson, Miller, Barton, Soll & Peek 1383 Airport Road Naples, FL 33942 Attn: Bob Furlong Re: Septic Tanks-North Naples Community Parks • • CHANGE ORDER X12 ORIGINAL CONTRACT CHANGE I Racquet Center 750 Gal. Tank 750 Gal. Tank 320 Sq. Ft. Drainfield 410 Sq. Ft. DF. II Field Center 750 Gal. Tank 1250 Gal. Tank 375 Sq. Ft. Drainfield 500 Sq. Ft. III Equipment Bldg. 750 Gal. Tank 750 Gal. Tank 188 Sq. Ft. 250 Sq. Ft. Also add (2) 150 Gallon tanks with build up manhole covers to grade and use Myers SSM4M Sump Pump with floats and high water alarms for the Racquet Center and Field Control Center. The cost for the above changes are to be $ 3915.00. Electrical contractor to be responsible for all electrical. If rock is encountered a charge of $125 per hour will be charged for removal. Fill dirt for beds and cover to be $6.00 per cu. yds. as needed. Thank you. 4::) Kermit W. Bunn Bunn Construction, Inc. CONTRACT FOR SERVICES This Contract entered into this /1114 day of f9L.k aST , 19 36 by and between the Board of County Commissioners of Collier County , Florida , hereinafter referred to as "County" , and the Collier Sports Officials Association of Naples , Florida, hereinafter referred to as "CSOA" . In consideration of the covenants contained herein, the parties hereto agree as follows: SECTION I - The CSOA shall furnish officials for all games of softball for the following leagues run by the County: Men' s Softball , Women' s Softball , Boy' s Softball , Girl ' s Softball , and any Mixed Leagues run by the County in Naples and Marco Island C area. SECTION II - The County shall pay CSOA for furnishing officials the following rates payable as provided herein: 1 . Men' s Softball - $10. 50 per game per official 2 . Women' s Softball - $9 . 00 per game per official 3 . Boy ' s & Girl ' s Softball - $7 . 50 per game per official 4 . Mixed Leagues - S9 . 00 per game per official SECTION III - The CSOA shall provide: A . Officials for all games , minimum of two ( 2) officials per game. B. A pre-season list of qualified officials for consideration of the County shall be furnished before each season or league. SECTION IV - In the event of postponement or cancellation of a scheduled contest covered herein , the County shall bear no cost if the game official(s) or a Board Member of CSOA is notified prior to game time. 1 . If the game official( s) are not notified of postponement or cancellation prior to arrival at the field for a 4 scheduled contest , the official( s) will be compensated for one game even though no games are played . M M s , 4: 2 . In the event a contest which is underway is cancelled due to inclement weather , electrical outage , or circumstances beyond County or CSOA control , official( s) will he paid for games completed and any game underway at the time of cancellation. SECTION V - This contract shall be in effect from September 1 , 1986 through August 31 , 1987 . Amendments to this contract shall be in writing and signed by both parties. SECTION VI - CSOA shall render to the County a bi-weekly statement , showing the number of games worked by its official . The statement shall contain a certification by an officer of the CSOA that he has reviewed the statement and that the information Qcontained therein is true and correct . This statement shall be mailed to: Collier County Park and Recreation Department 3301 East Tamiami Trail Building A , Courthouse Complex Naples , Florida 33962-4977 SECTION VII - It is expressly understood that CSOA officials are independent contractors and not agents or employees of Collier County and therefore not entitled to benefits normally afforded employees of Collier County . This provision is not intended to apply to any Collier County employee who acts as a CSOA official . SECTION VIII - The County agrees to hold harmless the CSOA from any negligence , errors or omissions of County , its agents and employees. CSOA agrees to hold harmless the County from any negligence , errors or omissions of CSOA , its officials , agents or employees . t .,, IN WITNESS WHEREOF, the parties hereto have executed this contract the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES , Clerk COLLIER COUNTY , FLORIDA By : JOHN A PISTOR, CHAIRMAN COLLIER SPORTS OFFICIALS ATTEST: ASSOCIATION OF NAPLES , FLORIDA � . B �/. i/ � • /i :/1..i. !.L.. BY: ` W"'" !--- if ROSS BARTUCCIO, JR. Executive President Approved as to form legal sufficiency: Davi C . Weigel to Assistant County torney 1 i ,...,.