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Agenda 07/28/1998 RCLERK TO THE BOARD AGENDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, July 28, 1998 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR .PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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 I~'CLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPE^KERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERblISSION FOR ADDITIONAL TIME IS GRANTED BY TIlE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCII RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. IN'VOCATION - Pzstor Robert Jacobs, Messiah Lutheran Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA B. APPROVAL OF SUMMARY AGENDA C. APPROVAL OF REGULAR AGENDA APPROVAL OF MI%'UTES A. June 9, 1998 - Regular meeting. B. June 10, I998 - Special meeting. C. June 15, 1998 - Budget workshop. ! July 28. 1998 D. June 16, 1998 - Regular meeting. E. June 19, 1998 - Budget work, hop. F. June 22, 1998- Budget meeting. G. June 23, 1998 - Regular meeting. H. June 24, 199l] - Special meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS I) Proclamatloc proclaiming Matt Andrews of Naples High School, Eric Hunt of Barron Collier High School, Robert Kemp of Immokalee High School and Eddy Maxiu-, of Lely High School as recipients of the Award for Excellence. B. SERVICE AWARDS 1) Homero Partida, Jr. - Road & Bridge - 20 years. 2) Franklin Chain - Road & Bridge - 10 years. 3) Da~d Dornton - i~oat; ,~ Bridge - 10 years. 4) Tania Ruiz - OCPM - 10 years. $) Nancy Crespo - DOR - 10 years. 6) John Veit - Parks & Recreation - I0 yearx. 7) Deena Quinn - Real Property = 10 yearx. 8) Robert Bizlch - Wastewater - 10 years. 9) Eula Parkman - Parks & Recreation - 10 years. 10) Richard Stefanko - Wastewater- 10 years. C. PRESENTATIONS 1) Recommendation to recognize Stan Chrzanowskl, PE, Senior Engineer', Planning Services Department, as Employee of the Month for July, 1998. 2) Presentation of "The EMS Administrator of the Yearn for the State of Florida to Diane Flagg by Dino Dillani, Chief of State of Florida EMS Bureau and Jim Judge, President of FACEMS. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS 2 July 2g, 1998 10. John D. Jassy requesting public petition to discuss surplus landfill property adjacent to current landfill site. COUNTY ADMINISTRATOR'S REPORT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorization to advertise a public hearing for August 4, 1998 in accordance with IRS Regulations to receive comments from the public on the issuance by the City of Gulf Breck, Florida of certain revenue bonds to finance the acquisition of nn office building leased by the State of Florida Agencies. 2) A retrospective cn the Collier County Community Transportation Coordinator, Good Wheels, Inc. for 1997-1998 B. PUBLIC WORKS 1) Recommendation that the Board of County Commissionert adopt a Resolution fixing the date, time and place for the public hearing for approving the special assessment (non-ad valorem asse~ment) to be levied against the properties within the Pelican Bay Municipal Ser~ce Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of capital reserve funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Se~ce Taxing and Benefit Unit. 2) Review hearing for Alternative Water and Wastewater System Impact Fee Calculation for the Retreat. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Terminate Negotiations with the Top Ranked Firm for Annual Auditing Services Agreement (RFP 98-2794). E. COUNTY ADMINISTRATOR 1) To adopt proposed millage rates and to establish Public Hearing dates for adoption of the FY 99 Collier County Budget F. AIm'OR'r AUTHORITY COUNTY A'FFORNEY'S I~EPORT Recommendation that the Board of County Commissioners enter into a written agreement with the Florida A~ociation of Counties (FAC) for referendum information services (companion item to Items 10(F) and 12(C)(4)). BOARD OF COUNTY COMMISSIONERS 3 July 28, 1998 11. 12. A. Appointment of members to the Black Affairs Adxisory Board. B. Appointment of member to the Board of Building Adjustments and Appeals. C. Appointment of members to the Code Enforcement Boards, North & South. D. Recommendation to declare a vacancy on the County Government Productivity Committee. E. Appointment of members to the County Government ProductixSty Committee. F. Resolution of the Board of County Commissioners, Collier County, Florida, declaring its intent, upon approval by voters statewide of an amendment to Article V, Section 14 of the Florida Constitution, to lower property tax rates in Collier County. (Commissioner Hancock) (Companion item to Items 9(A) and 12(C)(4)). G. Appointment of members to the Immokalee Enterprise Zone Development Agency. H. Discussion relating to Marco Island Parks and Marco Island Cable Franchise Fees. (Commissioner Norris) OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC IIEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition No. PUD 98-1, William J. Hoover, AICP, of Hoover Planning Shoppe, requesting a rezone from "A*' rural agricultural to "PUD" Planned Unit Development for a mixed residential development of up to 534 dwelllng units for property located between Whippoorwill Lane Extension and Interstate 75, approximately ~A mile south of Pine Ridge Road in Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 83.92 acres more or less. C. OTHER I) Petition AV 97-017 to vacate a portion of the lake maintenance and drainage easement lying within Tract F, according to the Plat of "Ketch Cay at Wind,tar, Unit Two*' as recorded in Plat Book 23, Pages 63 and 64, Public Records of Collier County, Florida. 2) Petition CCSL-98-4, Brett D. Moore, P.E., of Humiston & Moore Engineers, representing A.C. and Dorothy C. Seheppner, requesting a Coastal Constru~ion Setback Line variance to allow for the reconstruction of an existing residence located at Lot 33. Block A, Re-plat of Unit 1, Connor*s 4 Suly 28, 1998 13. 14. 15. Vanderbilt Beach Estates, Section 29, Township 48 South, Range 25 East, Collier County, Florida. This is a requirement of the Florida Department of Community Affairs (DCA) before any funds can be received. 3) Recommendation thai the Board of County Commissioners consider approval of an ordinance relating to the appropriation of County funds regarding a proposed amendment to the Florida Constitution addressing the burden of payament for the State Court System; prm4ding for title and citation; making Icffislative findings and declaring a valid public purpose; directing transfer of funds from reserves in the county general fund to the Florida Association of Coonties (FAC) ~'or use by the Floridians for Fairness in Court Funding (i:TCF) to inform citizens and encourage ~mer apprnval of the proposed amendment; pros~ding for an a£reement with the FAC/FFCF; pr~ding for oversight and accounting of the funds by the coun~ and/or the Clerk of the Circuit Court; pros~dinR for inclusion in the code of laws and ordinances; providing for conflict and sever'ability; and providing an effective date. (Companion item to Items 9(A) and 10IF)). BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) Petition V-98-6, Mr. Terrance. L Kepple, P.E., representing John T. Magocs. requcstlng a variance of 15 (,:et from the required 25 foot setback when abutting a residential parcel to 10 feet. a 5 foot variance from the required 15 foot side yard setback to 10 feet and 5.5 foot variance from the required 10 foot landscape buffer requirement to 4.5 feet for property located on the south side of 96"' Avenue North, further described as Lot 47, Block 60, Naples Park, Unit No. 5, in Section 28, Township 48 South. Range 25 East, Collier County. Florida. 2) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition No. SV-98- 1, J. Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Gus G. Sciacqua, requesting a variance to be made to the sign ordinance a!lowinR a second wall sign to be placed on the soulh side of the building located at 5078 Tamiami Trail North, in Section 22, Township 49 South, Range 25 Ea.'gL B. OTIIER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' 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 thc Board, that item(s) will be removed from the Co,sent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 5 July 28, 1998 l) 2) 3) 4) $) 7) S) 9) 10) 12) 13) 19) Request (o grant final aceeptanee of the roadway, drainage, water and sewer improvements for thc final plat of"Quall West Unlt One, Replat Block Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Quail West Unit One, Replat of Block C, First Addition" Lien Resolution - Code Enforcement Case Numbers: 70623-012 & 70804-021 Record Owners - Mr. Wallace L. Joyce, Mr. Lawrence Joyce, Ms. Joan Fl. Hubbard, Ms. Ba~ara Showalter, Ms. Patrlcia llaroskewicz, Ms. Judith J. Corso, Ms. Lanren K. Bower~ Approve a Budget Amendment transferring funds from Fund 113 Reserves for the cost of refurbishing the parking lot at the Development S~r~ices Building and related landscaping upgrades and for the addition of a customer serxice counter in the front lobby. Approval of a Lease Agreement between Collier County and Collier Enterprises Realty Group, Inc. for parking space for county and employee vehicles at the Community Development and Ens~ronmental Services Building. Request to approve the final plat of "Troon Lakes" Request to approve for recording the final plat of "Mont Claire at Pelican Marsh" Request to approve the final plat of "Waterways of Naples Unit Four" Request to approve the final plat of "Waterways of Naples Unit Three" Request to grant final acceptance of the roadway, drainage, water and sewer improvements for thc final plat of "Quail West Unit One, Replat Block Request to approve for recording the final plat of "Kensington Park Phase Four", and approval of the performance security. Request to approve for recording the final plat of"Westx~ew Plaza Replat' Request to approve the final plat of "Cardinal Cove at Fiddlers Creek" ,r~equest to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Park Place West" Request to approve for recording the final plat of "Lely Golf Villas" Request to approve for recording the final plat of Vanderbilt Count~' Club and approval of the performance security. Request to approve for recording the final plat of "Pelican Marsh Unit Eighteen", and approval of the performm~ce security. Request to approve for recording the final plat of Avila Unit Two and approval of the performance security'. Request to approve the final plat of "Grey Oaks Unit Twelve" 6 July 28. 1998 2o) Authorize the Board of County Commissioners Chairman to sign Participating Party Agreements with both William T. Higgs ('Developer) and Shaw Aero Devices, Inc. (Company gene~'atlng new jobs) requiring them to fulfill promises made in our application for the 1998 Economic Development Grant. PUBLIC WORKS 1) Approve a Resolution to execute a Joint Project Agreement with the State of Florida Department of Transportation, wherein, Collier County agrees to maintain proposed highway lighting imprwcements to SR 45 (US 41 North) from Gulf Park Drive to lmmokalee Road. 2) Approve a Budget Amendment to recognize Carry 'Forward in the Marco Water and Sewer District Fund and redeem the 1981 Marco Island Water and Sewer District Revenue Bonds. 3) Approve a Budget Amendment correcting appropriation of dollars in Fund 102 MSTD Road District I. 4) Approve final ranking of Consultants and Professional Services Agreement with Greeley and Hansen for design and implementation of 30-1ach parallel sewer force main on Immokalee Road, RFP #98-2790, Project No. 73943. Approve Work Order #CDM-FT-9g-7 for the United States Em~ronmental Protections Agency (USEPA) Accidental Emission Release Risk Management Program Pha.~e 1 Study at County Water and Wastewater Treatment Facilities, Project No. 70027. 6) Approval of ~aff sclcctlon of profcs~ional land~capc architecture services firms and authorization to award Agreements to same for Fixed-Term Professional Landscape Architectural Ser~ccs (RFP #98-2777) Approval of Con.at Agreement ~s)8-;~:1 with The South Florida Water Mm~agement District. 8) Approve two Budget Amendments to reconcile utility cost obligations for the recently completed Rattlesnake Hammock Road Four Laning Project (CIE No. 017). 9) Approve Tourist Development Category "A" funding to monitor County and City beaches for seaturtle acth~tles during the 1999 nesting/hatching season. 1o) Approve Change Order No. 2 (final) to Contract No. 9%2629, South Channel and Water Turkey Bay Maintenance Dredging. Award Change Order No. S to South County Regional Wastewater Treatment Facility (SCRWWTF) Contract H, Bid No. 96-2551, Project No. 73053. 12) Award a Construction Contract to Hausinger & Associates, Inc. for the Manatee Road ASR Potable Water Upgrades, Bid//98-2813, Project No. 70860. PUBLIC SERVICES 7 July 28, 1998 Do 1) Approval of a le~.~e agreemen! between Collier County and Task Force for the Homeless, and e~ecute a resolution regarding same. Authorize staff to amend Chapter 89-4 .~9 as it relates to County Parks. Approve funding to construct a playgrou,~d at Golden Gate Community Park. 4) Approve the F.R.D.A.P. Grant Agreement for South Naples Community Park. 5) Terminate a concession agreement at Barefoot Beach. 6) Award the Fitness Center Equipment Proposal 097-2733. 7) Approve an agreement between Collier County and the Gulfcoast Skimmers Water Ski Show, Inc. for the completb~n of the grandstand facility construction. 8) Approval of a budget amendment for the Marco Island Flotilla building. 9) Approve budget amendments transferring S6,200 from the Librar).' and Parks Ca-~iial funds to the Museum Capital Improvement fund to complete the ~,iuseum of the Everglades restoration project. 10) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Colller County Board of Count).' Commissioners and the Area Agency on Agi,g for Southwest Florida, Inc. 1 I) Approve the A~hcimer's disease initiative continuation grant and authorize the Ct, airman to sign the rate agreement between Collier County Board of Count).' Cot~missioners and the Area Agency on Aging of Southwest Florida, Inc. 12) App rove the tlome Care for the Elderly Continuation Grant and authorize the Ch~,irman to sign the rate agreement betmcecn Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. 13) ,~pprove a resolution requesting the Collier County Court to issue "Order to Show Cause" to persons with outstanding citations written by Collier County Animal Control Ofl]cers. SUPPORT SERVICES I) Approve the renewal of RFP #96-2521 "Indoor Air Quality Contractor for HVAC" for an additional two years. 2) Award RFP #97-2755 for the replacement of the Building Maintenance Work Order System and approve necessar).' budget amendments. Approval ora $39,100 appropriation from reserves in Fund 408, County Water-Sewer District Operating Fund to pay for prior year bank charges. Authorization to execute Satisfaction of Lien documents filed against real nroperty for abatement of nuisance and direct the Clerk of Courts to record zame in the Publlc Records of Colller County, Florida. 2) ~) 3) 4) 8 July 28. 1998 ~) 6) Approval of budget amendments for unanticipated repairs. Modification of Local Mitigation Strateg3' (LMS) Agreement for change of first period deliverables to the Florida Department of Community Affair~ (DCA) to October 31, 1998. Approval of a Budget Amendment to Fund 516, Property & Casualty Insurance. 8) Approval of a Lease Agreement between Collier County and Collier Enterprises Realty Group, Inc. for storage space to be used by the Superx~sor of Elections Office. 9) THIS ITEM MOVED TO 8DI ~o) Approval of a Lease Agreement be~'een Collier County and Roger Cars'sllo for additional office space for the Clerk of Courts at Court Plaza lit 11) Resolution for approving the Satisfaction of Liens for certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 12) Resolution for approx~ng the Satisfactions of Liens for certain residential a:counts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. 13) Resolution appro,~ng the Satisfactions of L~cns for certain 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. 14) Resolution approx~ng the Satisfaction of Liens for certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Ser'~ces Speciai Assessments. CO U NTY AD M INISTRATOR 1) Budget Amendment Report 2) This item has been deleted. 3) Board of County Commissioners ratify consent/emergency items approved by the County Administrator during the Board's absence. A. Approve the salary transfer of Parks and Recreation positions. B. Approve a budget amendment to appropriate the maintenance services revenues for reimbursement of operating expenses. C. Budget amendment report (June 30, 1998). D. Budget amendment report (July 21, 1998). 9 July 28, 1998 17. E. Lien Resolutions - Code Enforcement Case Numbers 70512-032, 70717-035, 70917-045. F. Lien Resolutions - Code Enforcement Case Numbers 6114-410, 70210-023, 70~5-088, 70512-032. 4) Recommendation to reject proposal received under RFP 098-2797, Impact Ftc Study for Libra~', EMS and Transportation, and direct staff to re-advertise RFP. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTIIER CONSTITUTIONAL OFFICERS I) Recommend that the Collier County Commission endorse the United States Department of Justice Federal Equitable Snaring Agreement and the Federal Annual Certification Report Forms. 2) Request approval for the purchase of telephone switch upgrades for the Sheriff's Office Main Facility at 3301 East Tamiami Trail and two (2) substations and purchase of ancillarT equipment for said telephone systems. ~) Approval of a le:tse agreement between Collier County and Arnold Properties, Inc., for ~torage space to be utilized by the Sheriff's Office. 4) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government and Execute the Application Documents for the U.S. Department of Justice 1998 Local Law Enforcement Block Grants Program. 5) Request to transfer funds from Circuit Court costs to the Public Guardianship Fund. L COUNTY ATTORNEY J. AIRPORT AUTHORITY SUMMARY AGENDA - ALL ITEMS APPEARING UNDER THIS SECTION MUST MEET THE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE IIEARD: AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TIIE ITEM. ANY OTHER ADVERTISED PUBLIC HEARING FOR WHICH A ~rI~ITTEN OR ORAL OBJECTION HAS NOT BEEN RECEIVED MAY BE PLACED ON THE SUMMARY 10 July 28, 1998 AGENDA AND NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO Tile ITEM. A. Request for Board to adopt the accompanying re~olution reducing the regulator)' assessment fee from three percent to one and one-half percent of gross revenues for nonexempt privately owned water and wastewater systems. B. Tills ITEM IIAS BEEN CONTINI~IED TO AUGUST .I, 1998. Petition No. PUD-81-4(5), Quarles and Brady representing the Wyndemere Property Owners Association, requesting an amendment to the Wyndemere Planned Unit Development District for the purpose of authorizinR permanent offices for the Wyndemere Property Owners Association and to amend the Master Plan to indicate the location for said offices in the Wyndemere PUD located on the east end of the planned Lis~ngston Road right-of-way one half mile north of the Golden Gate Parkway, in Section 19, Township 49 South, P~nge 26 East, Collier County, Florida. 18. ADJOURN. INQUIRIES CONCERNING CIIANGES TO THE BOARD'S AGENDA SHOULD BE blADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 77.141383. II July 28. 1998 covert, co t, 'SIONEnS' A a gNva MOVE: ITEM I6(AJ(14} TO 8(AJ(3~ - Request to grant finM acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Park Place West': (Commissioner Hancock). NOTE.'. Items 9(A) and lO(F) should read "companion to item 12(C1(3)" (not 12(C)(4). NOTE.'_ Item 16(E)(3)E should include Case Numbers 70529-028 and 70718-096. Item I 6(E) (3) F should include Case Numbers 61114-010, 70418-065 and 70522-030. These numbers were included in the back up but inadvertently not listed on the ind~,x tltl~. PROC~AA~A there ore many ways in which hifh $choo! students demonstrate that they ore serious, hard work/nfl and concerned abo~ the fuPuce DUC commun/~; and WHEgEAS, ~hese qua/iH~ ore ~peciaI/y we// demarcated in the/eve/ och/evemen~ d/$p/~ed in env/ronmenPo/ r~rch projects ~h~ occomp/ish; and WH~EA5, Waste ~o~gemen~ o~ Collier Coun~ ha$ on 'Award for Exc~/ence' program ~o pro~de ~raduot/~ high schoo/ senlors with a scholarship award fop achiev~ent on on en~ronmen~aI science projecA' and ~HEREA& the ~a~ger of ~~~~ h~ announced the recipients of ~he Award fop ~/Ieh~ ~,~ r~ ~ .:' MOW THE~EFO~.b~ t? procla/med by the ~6b~ o~ ~o~ Commtsstoners .. Robert Kemp- ~mmokol~e, Hi~h-School ::?. , Eddy ~oX(u$~, Le~h'S~hoo/ ~.. ?; · .....', W?,~.~ · ...~,~ - BOA~ OF COUN~ CO{ { TE~ COUN~ ATTEST: BARBARA B. BERRY CHAIRMAN O PV£GHTE BI?OCK, C~EgK AGEN. J~& ITEM no. ~ '_~7'_ - _ JUL 2 8 Pg._ / 1990 EXECUTIVe,SUMMARY RECOMMENDATION TO RECOGNIZE STAN CHRZANOWSKI, P.E., SENIOR ENGINEER, PLANNING SERVICES DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR JULY, 1998. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the Coumy. CONSIDERATIONS: Stan has always taken the initiative to provide significant accomplishments beyond his normal work responsibilities. When the utilities engineer technician became ill, Stan was more than willing to take on the utility conveyance responsibilities for more than seven weeks while still performing his usual assignments in a timely manner. Stan also has taken on the task of providing timely utility plan reviews and approvals at times when other staff members were not available to provide this service. Stan has devoted countless hours in assisting the Planner in the MPO to become familiar with the bike path facilities that currently exist within the county and providing positive input on current and future needs. He has spent countless hours both in the office and in the field. Customer service is another endeavor in which Start has excelled and demonstrated his dedication to the county. He always makes himself available to meet with and assist the public as well as other county employees. Stan has the professional background and experience that make him an asset in his review of all types of projects and being an excellent problem solver when working with the public. We have received a considerable amount of positive feedback from the public as a result of Stan's actions. The Board of County Commissioners, SFWMD, Big Cypress Basin and other governmental entities also have praised Stan on his exemplary service. Based on Stan's superior performance as a Senior Engineer coupled with his dedication to provide service beyond the call o;' duty, without reservation, Stan was selected as Employee of the Month for July 1998. AGE~.;DA ITEM JUL 2 $,998 FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. for this award are available in the Department Budget Cost Center (113-138320). RECOMMENDATION: Month" for July, 1998. That Start Chrzanowski, be recognized as the "Employee DATE: Admims~li:ative Secretary APPROVED BY: Sam Saadeh Assistant to the County Administrator Funds of the COLLIER COUNTY EMPLOYEE OF THE MONTH NOMINATION FORM INSTRUCTIONS: The objective of this program is to recognize significant contril~utions to the organization and/or community by Collier County staff. All full time regular non-super4isory employees who have completed the initial probationary period and have a good or better overall rating on their most recent performance appraisal are eligible to be nominated. Please complete all sections of this form and forward the nomination form to your Department Director. An employee may be nominated by a fellow employee, immediate supervisor an~or Department Director if they satisfy some combination of the following criteria. The specific reasons for the nomination should be documented below on this form. Attach additional pages if necessary. Ao B. C. D. E. F. G. Significant accomplishments beyond normal work responsibilities. Exemplary customer service. Professional ach/evement (formal certification, award recipient, published articles, etc.). Application of a uniquely innovative solution to a problem. Implementation of a recommendation that resulted in cost savings, higher productivity., etc. Active community service. -. Sen'ice beyond the call of duty. Start Chrzanowski, P.E. POSITION TITLE: SeniorEn~neer DEPARTMENT: Planning Services DATE OF EMPLOYMENT:October 1991 SUPERVISOR:Thomas E. Kuck, P.E. PAYROLL COST CENTER: DESCRIBE THE ACTIVITY/RESULTS AND WHY YOU BELIEVE THIS EMPLOYEE SHOULD BE AWARDED THE EMPLOYEE OF THE MONTH. Stan has been a loyal and faithful employee of Collier County for nearly seven years and I believe that he should be given consideration to be awarded the Employee &the Month for the followinq re~ons: Stan has always taken the initiative to provide sienificant accomplishments beyond his normal work responsibilities. Examples of these accomplishments include the following: a~ --~b) Stan has taken on the task ofproviding timely uti!ltv plan reviews and appr c) Stan's willineness to take over the responsibility of utility conveyance ~or a period of time in excess of seven weeks due to an illness of the engineer technician that normally performs this function. In addition to these added responsibilities. Stan performed all of his other assienments, AGENDA iTEM in a timely manner. other staffmembers were not available to provide this service. Stan has devoted countless hous in assisting the Plahner.in the MPO to bec ~me bike path facilities that currently exist within the County and providing posmve imput on curren " and future needs. He has_sp_e, nt countless hours both in the office and in the field to assist the -~. _cu~omer service is another endeavor in which Stan has excelled and demonstrated his dedication to the Co.unty.. He always makes himself available to me.et wi!h and assist the public as well as other.County employees. Stan has the professional back~ound and experience that make him an asset in his review of all t~es of_proiects and bein~ an excellent problem solver when working with the public. As a consequence we have received a considerable amount of positive feedback fi.om the public as a result of Stan's actions. In addition to the positive comments received from the public, we have also received praise fi.om the Commissioners, SFWMD, BiR C.vpress Basin and other g0vemmental entities on his exemplary service. Based on Stan's superior performance as a senior engineer coupled with his dedication to provide service beyond the call of duty - Stan iS deserving of this award. Nominating Staff Member: Thomas E. Kuck, p.E. Department Director: Robert Mulhere ~ Date: Date: AG~t !DA JU: 2 g '""" COLLIER ADMINISTRATOR'S OFFICE July 2. 199,8 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP CO.MMI~ITY Mr. Jolm D. Jas~' Jassy Real Estate Investments. Inc. 895 Turtle Court Naples. Florida 34105 RE: Public Petition Surplus landfill Properly De. ar Mr. Jas~': We arc in receipt of)'our request for an opporlunity to address the Board of Counv,.' Cominissioners to discuss surplus landfill propcrt)' adjacent to the cuncnt landfill site. I am pleased to schedule you lo make a presentation to the Board on Suly 28, 1998 under the Public Petition section of the agenda. The Board mee~ at 9:00 a.m. in the Commi~ion Chamber located on the third floor of the Admini~ation Building. Please be advised of the following Board policic~ regarding public petitions: I. The speaker is li,nitcd to ten minutes. 2. The Board does not take official action at the time that the public petition is pregnted. However. the Board may decide to schedule tlmt item for further discussion and action at a subsequent Board meeting. Please feel free to contact me ifI may be of any further assistance. ly )'ours, RFF/LEO/km cc: Leo E. Ochs. Jr. Support Scrvice~ Administrator AGENDA J ti L 2 8 1298 To: From: Date: Re: MEMORANDUM Leo Ochs, Administrator Support Services Division ~.-- Sandra i. Taylor, Director/ Real Property Mana~Department July 1, 1998 Landfill Surplus Property - Jassy Real Estate Investments, Inc. Real Estate Sales Agreement _ RECEIVED ;uP ,OF r I Please find attached a copy of a Real Estate Sales Agreement faxed to me on June 30, 1998 by Mr. John Jassy. As discussed yesterday, please forward the attached to Ed ilschner, Public Works Administrator, for his further handling. Please advise if you contacted Mr. Jassy or whether you wish me to contact him to advise him of staff's position. Thank you. JUL 2 8 iSS8 B6/30/1998 14:28 .Iuae 30, 1998 Sa~dra Taylor PLrmor R~ Pr~ Collier Coanty 2800 N. Ho=-.~thoc Dr. N~I~ H. 8~ via ~ ~8876 Dear Sandr~: Following is thc mod!fled comra NoC,.h of thc l~.ndfill. Plc~c rc~cw it md call mc wit ~cnding on to the ciW ~morney. without l~i~ for our ~¢'mpl~.d l~rc~ of ~o 252 acr~ THIS AGREEMENT rr~ ESTATE ~ALE$ AGREEMENT and entered into this day of · 1998 by and betwccn COLLIER COUNTY, a olitical subdMslon ofthe State of Florida, whose ma~ing address Is 3301 Tamfamt Traz] East, Naples, Rorida 34112, herelnaffm' referred to as SELLER, and JASSY REAL ESTATE INVESTMENTS, {NC., 895 Turtle Court, Naples, Florida 34108, hereinafter referr~ lo as BUYER. WHEREAS, SE! I I::R desk., to ~ell end BUYER dedn~ to purchase the property de~:dbed in Exhibit 'A'. affached hereto a~ made a pad hereof, at the price and on the terms and condition~ hereinafter set forth. i NOW, THEREFORE, in..c~n,ficleration of the recitaJs, the mutual covenants hereinafter set forlJ1 and other good and valuabl~ consideration, the mceip4 and sufficiency of wfltc,,.h are hereby mutually acknowledged, it is agr?ed by and betwe,~ the parties as follows; in F_xflibit 'A' (hereinafter'l:h-ope?). I 2. SALE AND CONVEYANGF. SEU FR agrees to sell and convey the Property to BUYER and BUYER agrees to purchase the property from SF~ ~ r:R at the price and upon the other terms and condrtions hereinafter set fo .r~,h. 3. ~TEE. Title to the Prem~ shall be co3veyed to BUYER I~ Matutory deed conveyfng good and merketable trite 'to the I~AJYER. I I I 4.. _PURCHASF pRICE. ThelPurchase Price for the Property shall be. DOLLARS ($ )!(U,S. Currency) payable by BUYER to SELLER as follows'. A. ' Concurra'~ with 1~ execution hereof BUYER shall pay to SELLER a~ an earnest money-deposit the sum of i'. DOLLARS ($ } in cash or ceftlfled chec~ B. The balance, at'te~' (:rede of the deposit plus or minus any further pm~a[ions and adjustments, shall be paid by B?ER to SE! ~r:R in ca~ or ¢edified check at oloaing. .6. DIS(~I,,AtMI=R OF WARI~NTIi~S~ 'A~ IS' CONVEYANCe. A. BUYER warrants ~nd acknowledges to and agrees with SELLER that BUYER is purchasing the Property. in an lAS IS' cond'~on and s~ly and expressly without any warranties, representations or gubrantees, either expre~ or imprmd, of any Idnd, nature, or type whatsoever from or on behalf of ti e SEII FR except that SELLER covanant~ that it has good arK! marketable true to me Property a 8Fl [FR. does not have good and thi~ contract ~ receive e refum under thi~ contra~ and close this B. BUYER adm~ factUal and other inquiries ardi~ C. W'rthout in' any w~, agrees that It here~ waives, mm ~ 'Mil convey the same to BUYER. I1' BUYER determine~ that rnarketab~ tiffs to the Property, BUYER may elect to terminate ~f [he deposit descrE>ed above or BUYER may elect to proceed transacfiono [ge~ that BUYER w~]! be given an o~xx, ltmity to make such legal, ~l~om ~ BUYER deerm nece~W, de~al:~e er eppn:~a'~ 'have against the SELLER with r~ spect, to the physical ~x~ndition of the Prol~rt~ liming the preceding paragmptm, BUYER aclmowledges and and aisc~arge~ any claim that R ha, might have had, or may D. BUYER repre~en deliver and perform this Agreem §. PRORATIONS AND AD.] A. The following ~m as of midnight of the ~ay preced All instal~rr for work commenced as of t1-.~ c~ 2. All other prorated or adjusted. B. At the dosing, th determ~ed or mtimsted to the between SELLER and BUYER. C. BUYER hereby a~ each obligation of SELLER for w the time of closing. 7. DEFAULT: TERMINATIO A. If BUYER defaults B. ff SELLER defaulb days after written notice of such ($ may terminate this Agreement, .4 neither party shall have any furtt contained in this Agreement to ff remedy and shall preclude BUYE 8. EXPENSES. Any and c~ transaction (excepting SELLER',' convey~ fees, settlement fees of every nature and kind whatso( 9. INTERMEDIARIES. A. BUYER represe~ kind whom BUYER has c, ontact¢ B. BUYER agme~ to demands, causes of action, jud~r commission or other compensat~ whom BUYER may have dealt in attorney's fees inddent thersto. C. This provision aha D. BUYER i$ a r~r~ 10. ~ Ck~ng ohs] t Office, Collier County Coudhousa as SELLER may select, eighte~ days after the dosing of the Napk ,or about the il day Of and warrants that it ha~ the power and euthority to execute, U~TUENTS shall be prorated and adjusted between SELLER and BUYER ng closing: ents of special assessments payable after the closing, whether ~ing or otherwise, shall be paid exclusively by BUYER. ems required by any other provision of this Agreement to be amount .of proration and adjustments as aforesaid shall be ;xte. nt practicable and the monetary adjustment, shall be made U! such prorations and adjustments shah be final. rses to indemn~y and hold harmless SELLER from and against 3i~, and to the extent that, crecflt has been given to BUYER at , SELLER may retain the deposit as liquidated damages. , hereunder and such default has not been cured within lhirty (3.0) ..fault to SELLER, and provided BUYER is not in .default, BUYER /hereupon the Deposit shaJl be pmmpUy return to BUYER and :er Iiabil~J or obligation to the o~er. Notwithstanding anything :e contrary, the foregoing shall be BUYER's sole anO exclusive R from the exercise of any other remedy,. st~ and ex~nsaa incurred by SELLER in connection with this attorneys' fees) including, without limitation, recording fees, , closing costs, and fl-snarer, documentary and intangible taxes vet shall be borne and paid by BUYER. to 8Et_m F"R that them is no broker, rnder or interme~aary of shy by or dealt with in connection with this transaction. demnify and hold harmle~ SELLER against and from all claims, ents and liabird:les vvt'dch may be asserted or recovered.for fees, ~n claimed to be due to any broker, finder or intermedm~ with. x~'mection with the transaction, Including costs and reasonable I strvh'e closing. ,,d real eaf~a broker. / 11. GENERAL PROV1$10~ A. This written Agra entire agreement and unden contemporaneous writlen or om not contalned heraln, B. This Agreement executed by ali of the potties he C. No waiver of ~my unless in wrft~ng signed by both . sim~ar provision or of any futur~ D. Time is of the es~ l:x'ovJded for in this Agreement c: shall De deemed to refar to t~e E. In the event that or in part, such provision shall ~ be ex=ieecl from th~ Agreement, as if saJd provision had been inc~ included herein, as the case ma F. Headings of par~ construed aa a part of this Agr~ G. This Agreement ~ hereto, ana t~elr ms~ heir provfded however, that thi~ Agra. consent of ~;ELLER which con~ H. Any and all not~ to the parties at the addresses s party or shall be sent by United ~ notice shall be deemed giVen ant party to whom'it is to be sent. I. This Agreement State af Florida. J.. ~ Agreement may contain the sigrmtur~ of together aa but n single instrum K. In the everrt ofth~ of this Agreement, l~e party pre~ incurred in connection therewith and appellate level. Possession of th M. The word "Closfr construed to mean the originally end date provided for herein or heroin. N. This Agreement any.circumstances, be deeme~ pedorrned by SELLER pursuanl O. Ail of lhe parties preparation hereof and, accordi~ any one of the pnrfie~ hereto. ~ment, including ail exhibits attached hereto, shall cor~ti~e tanding of the parties, and there are no other prior or :agreements, undertaldngs, promises, warranties, or covenants nay be amended only by a wri~sn memorandum subsequently 'eto. x'ovision or ~n of this Agreement by any party shall be vaE:l ~arties. No such waiver sha~l be taken as waiver of any other or event, act or defautL ~nce of this Agreement. In lfle computa'don of any period of time r by law, any date falling on a Saturday, Sunday or legal holiday ~ext 0ay wrllcll Is no( a ,Saturday, Sunctay or legal hollclay. cry provision of this Agreement shall be unenforceable in whole 'limited to the extent necessary to render the same valid, or shall as cJrcumstgncel require, and thig Agreement shall be ,rpomtad herein as so limited, or as if said provision had not been /be. graphs am for convenience of refi.;rence only, and shall not be ~all be bindlng upon ancl sl~all Inure to ~ benefit of He parl~es executors, personal representatives, successors and assigns, ~nent may be aaeigned by BUYER with the prior express, written ,at shall not be unreasonably wi[hh®ld. s permitted or required to be given hereunder shall be in writing .'t forth on page 1 and shall be eP,~her personally delivered to the :area ma~, postage prepaid, registered or certified mail. Ar~ such effective upon receipt or refusal of derrvery thereof by the primary 1all be governed and construed In accordance with the laws of the ~ay.be executed in any number of counterparts, any orell of which )es than all of the parties, and all of which shall be construed in~titu~3n of legal proceedings in connection with the ~mant ~iling therein shall be entitled to moover the costs and expenses including, without limt. afion, reasonable attorneys' fees at ~ trial ~ Property shall be del.i~-~, to BUYER at dosing. ]' or words of similar rnport ae used in thir, A~mement ehall be ixed time and closing date s~ II~ein ~' any adjourned time agreed to in writing by the parties, or any earlier date permitted ~n St=! I ER and BUYER and no other party shall, under r to be a beneficiary of any of the tc~rns and cond~orm to be to ~s Agreement. 'to this Agmemeflt have participated fury in the negotiation ~ , P. NL-~'~' lh~ Agr~ in any put~c records by BUYER. facto car, cered ~ terminated, ti liquidated damages for such de pursuant to this Agreement or ol Q. Any pdoragreeme e Deposit sha~l thereu~n be retained by or paid to SELLER as ault, and BUYER shal have no further Interest in the Procerty '~erwise. but not limited to rendering or rppresentations contained In sales brocllures, maps, si(etches, advert~ing or eale$ materials,ar~! oral statements of ~des rel:~sentaflVea, if not expressed in this Agreement. are void. have no ef 12. This Agreement is subjec contingencies. IN WITNESS WHEREOF day and.year firat above written. W~nesse~: (Sign) , (Print Name) (Sign) (Print Name) ~ and have not been relied upon by BUYER. to the terms of an ,addendum a[tached hereto relative to certain (Sign) (Print Name) (Slgn) (Print Name) STATE OF COUNTY OF is personally known to rne o identification. Ire parties have mused this Agmemat to be executed as of the ..... I -- ItS~ COLLIER COUNTY, a political eulxltvL,~ion of the Slam of Florida ATTEST: JASSY REAL ESTATE INVESTMENTS, INC. Its: was acknowledged who has pmduced before me this ___ day of , of COLLIER COUNTY, who Typed or Printed Name of Notary My Commission Ex~Ims: I STATE OF COUNTY OF The foregoing ~ .... ~,,, ~ by INVESTMENT, INC., who was acknowledged before me this day of , of JASSY REAL ESTATE per~ona[~ known to me or who h=s I:~X~UC~ JentiflcaUon. Typed or P~.~ted Name of Notary Commission No. -. My Commission Expires: F This Addendum Is mad, COLUER COUNTY, a ~r~=al st Tarnlarnl Trail East, Naples, Fior~ ESTATE INVESTMENTS, INC., as eUYER: A~ The Real E=tate Salea · · 11 BUYER · Agreement, t~ng contracts contemporaneously w~d3 or imm, dependent upon the o{her. The; SW%, 8EY~, SW'A of 25- NWY~, NEY~ b"V~A of 2.6- NVV',4, '~, SW'/~ of 25 SE%. NW~ SE~ of 25.~ .NE%. SW~ SVVY~, 2. 3UYERs ability to being acqm'ed mcJuUlng proper p~ this transaction. ADOENDUM , ~ part of that certain Real Estate Sales Agreement between ~bdivislon of the State of Florida. who~e mailing address is 3~3t Sa 34112, hereinafter referred to as SEU. ER, and JASSY REAL 895 Turtle Court, Naples, Florida 34108, hereinafter referred to re, merit referred to heroin Is subject to the following: within six mord,~ of fl'~ execution of the Real Estate Sales .,rchase the following descn'bed lands which contmc~ shall clo~e liataly prior to the cto~ing of this Agreement; each closing being ~nd descn'bed under this p~mgr~'Wl~ is: 19-28 49.26 25-49-26 obtain acceptable accesa, both legal and physical, to the lands ~n approval, perm,, bridge permits, and the like, prior to doing 3. SELLER doeing't~e Naples Landfill ('dump') at least sixty (60) days prior to the dosing of this transaction. 4. BUYr. R obtainingl approprlat~ zoning and land use perm~ and approvals for 'development 0fthe subject lar'¢! In o an 18 hole, MI length, semi-private, golf(ourse and residential units consistent with the then cur 5. BUYER determlni~ 6. BUYER shall be gi herein which "lnspecflo~ Pedod" of an ordinance to ~ the Nap date six (6) months later. ant comprehensive plan. g that SELLER has good and marketat~e title to the ProperS. ,ma an opportun~y to fully info.ct the land In que~lon · Feasiblr~y Study Period shall begin a~ ofthe date es Landfill ('dump') as of a given date and terminating aa of a the afore=aid real property and in dctermin'e~, in ira sole diecration BUYER shs~[ so not~ SELLER I= be c~nsidered null and void. Any · BUYER's.inspection of the prop, B. BUYER will, at BI .A. SELLER will pro ~e ail anginea'lng plans, 8oil borings ( if any) and any environmental studies conducted ,~ said property to BUYER within 15 days of ~ ~ of the Real Esta~ Sales Agreement. BI~(ER will have Ih, atx3ve des~ ir~n period to examine ~stigate its auitabiF~y for lhe BUYER's ~. ff the BUYER that ~id property i~ not suitable for the BUYER'e purpomew, ~ the axplmtlon of the Impec6on period and tht- eontra~ will deposits made by the BUYER shall be returned 1o ~e BUYER. ty shall be in accordance with paragra~ 6.B. hereof. Study Period'). determine BUYER's intended use. Du environmental assessment ar ('Inspections') that BUYER dee~ engineering, architec~ral and e .public roads, water, and othe manacjernent plans; and O/Jler Prope~y's suitability for the BLP required [o file in conneo~on wi'th expense or liability in the appli( -SELLER is not obligating i[selfw SELLER gives BUYER, E at any ,'~,.e during the Feasibir~ty: however, t.hat BUYER, its agel Inspections .~t their own ~ E damages, cos~s, claims and expe any pemon, arising from the cond BUYER wilt not engage in any ecl Property ~,~thout .SELLER's prior BUYER w~ll deliver written Period of BUYER's deterrnlnatJor to comply ~ this not, ce requir~ BUYER's Intende~ use In Its 'aa in add,ion to the abow Agree .ment and' until {his Real Et perform such inspections and do so long as the actions of BUYER will continue to indemnify and. ho conduct of any and all Inspection,. 7. BUYER may term: ther the Property is suitable, In BUYER's sole d'~3'afion, for ins the Feasibility Study P~od, BUYER may conduct an id any other tests, analyses, surveys and InvesUgation8 ~s necessary to de{ermine to BUYER's ~aUefactk)n th~ Prol~'s nvironmantal propert~$; soil and grade: availability of ac..ceee to ' ufil~es; consistency with local, state and regional growth Inspectio{ls that BUYER deems appropriate to determine the ER's Intended use. SELLER will sign all documents BUYER is developr~nt or rezonlng approvals, provided SELLER incurs no ation process or related prcx;;~dlngs and further provided that ith regard to said applications far approYals. ; agents, contractors and assigns, the right to enter the Property ~dy Period for the purpoce of conduct~ Inspecfiorm: provided. ts, contractors and assigns enter the Property and conduct ~JYER will indemnify and hold Sm ! ER harmless from lasso, ~ of any nature, including attorney's fees, and from liability to ~ct of any and all InspecfJons or any work authortzed by BUYER. ~y that could result in a construction lien being flied against ~a ~itten consent. notice to SELLER prior to the expiration of the Feasibir~y Study of whether or not the Property is acceptable. BUYER's failure .ment will constitute acceptance of the Property as susie for s' conditton. , commencing with the execution of the Real Estate Sales ',ate Sale~ Agreement is dosed, BUYER shall haw the Hght to ,uch acts as are necessary to fulfill the afomsald cor~.ngenciee Io not interfere wffh SELLER's ownershi~ of said land. BUYER d SELLER harmless trot11 losses, damages, costs, claims and attorney's fees, and from liabil'~j to any I:e~, arising from the i or any work authorized by BUYER. 1ate thls ^gmement at any time prior to I~ expiration of ~ 'inspection period doscn~3od abow Aa of the expiration of the inspection period, ii' BUYER has not terminated this Agr~emenL the d ~posit paid by BUYER herewith shall become non-refundable. I' 8. Should a fire or' 01~er catastrophe destroy all or any part of the subject property of this transaction,~ BUYER shall have the option of terminating this contract and befor~ dosing retum of BUYER's~ deposit. shall receive a I BUYER: j SELLER; '1 EXECUTIVE S~Y Authorization to advertise a public hearing for August 4, 1998 in accordance with IRS Regulations to receive comments from the public on the issuance by the City of Gulf Breeze, Florida of certain revenue bonds to finance the acquisition of an office building leased by State of Florida Agencies OBIECTIVE_...__._2. To obtain authorization to advertise a public heating to be held by the Board on ~ugust 4, 1998, at which time the Board will receive comments from the public on the issuance of certain bonds by the City of Gulf Breeze, Florida to finance the acquisition by a not for profit corporation of an office building leased by state agencies. CONSIDERATIONS: The City of Gulf Breeze (the "City"), has requested that Collier County approve an interlocal agreement that would allow Gulf Breeze to issue bonds to finance the purchase ora building in Collier County used for State offices. By way ofbaekground, in 1997 GulfBreeze authorized a pool bond issue with the proceeds of the bonds to be loaned to qualified not-for-profit providers of public services. Under the program, a not-for-profit corporation with a qualifying project may apply to the City for the issuance ofbonds, which are issued as a sub-series. The bonds are insured by Ambac and carry a Moody's rating of Aaa and a Standard & Poor's rating of AAA. Cordova Community Facilities Corporation, a not-for-profit corporation formed to provide offices and administrative services to state and local governments, is contemplating the purchase of an office facility located at 215 Airport Road. The building is currently subject to long-term leases with the Department of Children and Family Services (formerly FIRS), and the Department of Labor and Employment Services. The bonds will be secured by a lien on the lease revenues. In order for the City to issue its bonds for a project located in Collier County, the Internal Revenue Code requires that the Board, as the governing body of the jurisdiction, hold a public hearing at which citizens may comment on the issuance of the bonds. This is known as a TEFRA hearing. Florida law requires that the City and Collier County enter into an Interlocal Agreement, under which Collier County would authorize the City to issue its bonds for the stated purposes. Although Collier County itself, or through its IDA, could issue the bonds, it is more cost effective for the corporation to borrow from the pool, and from a liability standpoint, safer for the County, since the bonds are not Collier County bonds. The requested action is similar to the Interlocal Agreements the Board routinely approves whereby the Housing Finance Authority participates with other counties in multi county single-family bond issues, since the Collier allocation is not large enough to justify the expense of a separate bond issue. In order to accomplish this, Collier County must do two things. First, it must hold the TEFRA hearing, and second, it must approve an Interloeal Agreemt vt. The public notice for the TEFRA hearing (which must meet IRS requirements for such anotice), and the Interlocal Agreement will be prepared by the City and submitted to both the County ·,,.v ....... .... AGEtjDA' o,,,4~ t*,,'i.TF.,~_ r-__ -'"'~l' bond counsel for review odor to the public hearing. JUL 2 8 Since these will not be Collier County bonds, the County is not assuming any liability for this issue. The County's role is only to authorize the City to issue its bonds for a project located in this County. This will be clearly stated in the Interlocal Agreement and in any offering statement used in connection with the sale of the bonds. The corporation has previously drawn on the City bond pool for a project in Escambia County. Copies of selected pages fi.om the Official Statement describing the transaction are attached. The contemplated transaction is virtually identical in structure. FISCAL IMPACT..; There will be no negative fiscal impact on the County. All costs associated with this transaction will be paid by the City, including any expenses of the County's legal counsel. There will be no liability exposure because the County is not issuing the bonds or making any representations to bondholders or purchasers. The transaction provides an indirect benefit to County residents to the same extent that the financing of facilities used by State agencies with tax-exempt bonds results in a lowering of the cost of state government. GROWTH MANAGEMENT IMPACT: Therewill be no growth management impact. The building is an existing building zoned and used for the authorized purpose under the GMP. RECOMMENDATION.: The Board authorize a public hearing to be held on August 4, 1998 for the purpose of receiving comments from the public on the question of the issuance of the bonds by the City. Prepared by: Donald A P~ckworth Rating~ Moody'm Aaa Standard & Poor's: AAA (~ee 'Ratings' be~ia) In :.he opinion of Mdler. Canfield. Paddock and Stone. PL. C., Band Counsel. under existing stntutes, regulations, pubhzhed and court dectsmns, anti. assuming contznutng comphance by the Issuer and the Corporation. after the date of initial delwe?' of Sub.~er:¢s I995. I.A Bat. ds. wtfh certain cat,thanes contained tn the Indenture. the Loan Agreement and the .%far, gage. and s~bj¢c: to cae rna:fe~ described tn 'T. LY M.4 7'I'ERS' hereto, interest on the Subsertes 1995. l.A Bonds ti) u.dl be excludable from the ~rons interne ,,a'ne"n thereof for federal interne tax purposes and ~lt~ a'dl not he mcluded tn computing the alternatwe rntmmurn taxable lnco~ of ft:.e ,,ur.e"s :hereoff who are tnd~'tduals or. except can described hereto, corporat~ns. In the opinion of Bond Counsel. the Subsertes I9~.; A Bor. dz are exempt from all present intangible personal property taxes imposed pursuant to Chapter I99, Florzda Statutes Sec :JATTEP. S' he,tn for a ,~escmpc:on of other special taxes that may affect the tax treatment of the interest on the Subseraes 1995. I-A Bones- $8,500,000 CITY OF GULF BREEZE, FLORIDA Capital Funding Revenue Bonds, Series 1997C (Pooled Loan Program - Cordova Community Facilities Corporation Project), Subseries 1998-1-A Dated: March 1. 1998 Due: January 1. as shown on inside cover The Sub,eries 1995-1-A Bonds ~the '1998-1-A Bonds') ~nll be issued pursuant to an Indenture of Trust a~d Security Ag~eemen~ da:ed a; of .March 1. 1998 ~the 'Indenture". between the City of Gulf Breeze. Florida (the 'Issuer') and AmSouth Bank. as trustee 'tt'.e 'Truste~,'~ Pursuant to a Loan and SecunU' A~'eement dated as of March I. 1~$. between the Issuer and Cordo~'a Community Facfl~t:es Corporation the 'Corporat:on",. a Florida not for profit cerporat~on, the proceeds of the 199S-I-A Bonds wall be loaned to the Corpera:lon w, :, pa.v a pea. on of the ce.ne of the acqut~mon of two parcel~ of real property located in Escambm County. Florida. and the ex~stmg office budd;r.~:s ar.d other cap,ts[ improvements s~tuated thereon ithe 'Eacambm Faciht~e~'L to be leased to two d~fferent governmental agencies of the ~:ato of Florida. ,it, fund a debt service res~tx.e account for the 1996-1-A Bonds. t.~ii~ fund operat:ng and maintenance expenses dunn~ an m~t~al i~r;od of st.~b~hzat~t~n and ~w, pay certain expen.~ recurred m connectmn w~th the :ssuance of the 1998-1-A Bonds The 1995-1-A Bonds are secured by (i~ all of the right, title and interest of the Issuer tn. to and under the Loan Agreement ~except fer cer:.am r~t:h:~ to mdemmficatwn and reimbursement of exper~ea~ and the non-recourse Prom~uory Note of the Corporatmn dated March 16. 1995 tthe 'Note',; ,~:~ all moneys ~mcludmg preeeeds of the 1998-I.A Bonds~ and investment earnings in any fund or account created under the Indenture ~except the Rebate Fund~; and liii) a Mortgage. A.~ignment of Leata~ and Rents and Security Agreement dated as of March I. l.ag~ ~ :he '.Mortgage's. between the Corporation and the Trustee. all moneys in any fund or account created under the Mortgage. and all other property mortgaged, pledged and assigned under the Mortgage. including the Lease Payments. the Leases and other Revenues from the operatmn of the Escamb~a Factht~es ~all aa defined in this O~cial Statement and collectively referred to as the 'Mortgaged Estate'} The obligatmns of the Corp~rat:on under the Loan Agreement and the Note are non-recourse obligations. hm~ted as to source of payment to r~'enues and rentals derwed ~' the Corperatmn from the operation of the Escambia Facilities The abd~tv of the Corporation to generate revenues and rentals from the operat:on of the Escamb~a Facilities sufficient to make such pa.wm~nts :s subJeCt to certain risks which are d~scussed herein under the heading 'BON~DHOLDERS' RISKS,' The 1995-1-A Bonds wdl be ~uable only aa fully registered bonds without coupons in mimmum denominations of $5.0(}0 and any integral multiple of 55.000 in excess thereof. Interes~ on the 1995.1-A Bonds will be payable ~emi-annually. on January i and Jul)' commencing July 1. 1998. to the registered owners of the 1998-1.A Bonds as of the applicable record dates, as herein described. The 1998-I-A Bonds wdl mature as ~et forth on the inside cover page hereof and are subject to redemption przot to maturity as described hereto, Pa.~xnent of the principal of and interest on the 1998-1-A l~nds when due ~nll be in~uted by. a municipal bond insurance policy ~ued by Ambac NEITHER THE CITY OF GL'LF BREEZE. FLORIDA. THE STATE OF FLORIDA NOR AN'Y POLITICAL SL'BDI~TSION OR AGENCY THEREOF. INCLUDING ESCA.MBIA COL,~'. FLORIDA SHALL BE OBLIGATED TO PAY THE 1995-1-A BONDS OR THE INTEREST THEREON NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY OF GULF BREEZE. FLORIDA. THE STATE OF FLORIDA, ESCAMBIA COL'NTY. FLORIDA NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, IS PLEDGED TO THE PAY3IENT OF PRINCIPAL OF, PREMIUM, IF A,%'Y, OR INTEREST ON, THE 1998-1-A BONDS. S~multaneously with the dehve~' of the 1998- I-A Bonds. the Issuer will deliver on behalf of the Corporation. its City of Gulf Breeze Capital Funding Revenue Bonds. Series 1997C {Pooled Loan Program - Cordova Commumty Facilities Corporation Project~. Subse.~es 199S-1-B ~the '1998-1-B Bonds') in payment of the purchase price of certain ~..s~ets comprising the Escambia Facilitze~ and to pay for a per, zen of the co~t~ of issuance related thereto The 1995-1-B Bonus are secures by a jumor and subordinate lien on the Loan Payments and ~' a junior and subordinate mot,gage lien upon the Mortgaged Estate. This cover page contains certain informatmn for qusck reference only. It is not a summary of this issue. Investors must read the entire O~c~al Statement to obtain information essential to the makang of an informed investment decision. MATURITY SCHEDULE ~See Inside Cover Page) The 1998. l.A Bonds are offered, when, ca~ and tf tssued and recewed by the Underwriter, subject to the receipt of an unquai:fied opinion a~ to the t, altdity of the I998.1.A Bonds by Miller. Canfield, Paddock and Stone, P.L.C.. Pensacola, Florida, Bond Counsel Certain legal matters will be passed upon by Matthew E. Dannhetsser, Esquire. Pensacola, Florida, counsel t_o the Issuer. Shell, Fleming. Daf'ts & Menge, Pensacola, Florida, counsel to ~he Carporatwn, and Foley. & Lardner, disclosure couns~ rot Bond~ are expected to be delivered tn Pensacola. Florzda on or about March 16. 1998. F AZ R LA v.R Co rPANY Incorporated J U L 2 Dated: March 6, 1998 M~TURITY $CHEDUL~ $$,500,000 CITY OF GULF BREEZE, FLORIDA Capital Funding Revenue Bonds, Series 1997C (Pooled Loan Program - Cordova Community Facilities Corporation Project), Subseries 1998-1-A Dated: March 1, 1998 $2,300,000 Serial Bonds Due: January 1, as shown below Maturty Principal Januarv l Amount 2OOO $ 90,000 2001 135,000 2002 190,000 2003 225,000 2004 265,000 Interest Maturity Principal Rate Yield ~ Amount 4.00% 4.10% 2005 $225,000 4.00 4.15 2006 250,000 4.10 4.25 2007 275,000 4.25 4.35 2008 305,000 4.30 4.40 2009 340,000 Interest Rate Yield 4.30% 4.45% 4.40 4.50 4.50 4.60 4.60 4.70 4.70 4.80 $1,705,000 5.00% Term Bonds due January 1, 2013, Yield 5.10% $4,495,000 5.00% Term Bonds due January 1, 2020, Yield 5.25% AGEk?DA rl;EM JUL 2 8 Pg. ,~ SUi~tARY STATEM"ENT (This Summary Statement is subject in all respects to the more complete information contained or incorporated in this Official Statement. Definitions of certain words and termX having initial capitals used herein are contained in APPENDIX A - "Definitions of Certain Terms and Summary of Principal Documents." The Issuer and the Financing Program The City of Gulf Breeze, Florida (the "Issuer") is a municipal corporation of the State of Florida. The city limits of the Issuer encompass approximately 3,120 acres located on a peninsula in Pensacola Bay in the northwestern part of the State of Florida. The Issuer is authorized pursuant to the provisions of Chapter 61-2207, Laws of Florida, Special Acts of 1961, Section 163.01, et seq., Florida Statutes, Chapter 166, Florida Statutes, and other applicable provisions of law (collectively, the 'Enabling Act") to cooperate with other public agencies of the State of Florida in the exercise of their common powers, including, among other things, their powers to borrow money and finance or refinance projects providing public services and lessening the burdens of government. The Issuer has established an alternative financing program to provide funds to qualified not for profit corporations to finance or refinance capital projects for the purpose of developing and maintaining the public health, education and economic development and to loan the proceeds of the program bonds to qualified not for profit providers of public services within the State of Florida ("Participants') pursuant to financing agreements among the Trustee, the Participants and the various public agencies of the State of Florida having jurisdiction and authority to issue bonds to finance such projects for the Participants. The Corporation Cordova Community Facilities Corporation (the "Corporation") was incorporated as a Florida not for profit corporation on November 15. 1995. The Internal Revenue Service has determined that the Corporation is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and is therefore exempt from federal ~come taxation under the provisions of Section 501(a) of the Code. Plan of Financing The proceeds of the $8,500,000 City of Gulf Breeze, Florida Capital Funding Revenue Bonds, Series 1997C (Pooled Loan Program - Cordova Community Facilities Corporation Project), Subseries 1998-1-A (the "1998-1-A Bonds") will be loaned by the Issuer to the Corporation pursuant to a Loan and Security Agreement dated as of March I, 1998 (the 'Loan Agreement"), between Issuer and the Corporation. to (i) pay a portion of the cost of the acquisition by the Corporation of two parcels of real property located in Escambia County, Florida, and the existing office buildings and other capital improvements situated thereon (the "Escambia Facilities"), to be leased to two different governmental agencies of the State of Florida, (ii) fund a debt service reserve account for the 1998-I-A Bonds,~'~n) ;'.-d ,~ratL':7. :-"-g JUL 2 maintenance expenses during an initial period of stabilization and (iv) pay certain expenses incurred in connection with the issuance of the 1998-1-A Bonds. See "THE ESCAMBIA FACILITIES" herein. The Escambia Facilities consist of the P.K. Yonge Building located at 1301 N. Palafox Street in Pensacola, Florida. and the approximately 2.8 acres of land on which it is situated (the "FDLE Building"), and the building located at 3100 W. Fairfield Drive in Pensacola, Florida, and the approximately .72 acres of land on which it is situated (the "Corrections Building"). Ail of the currently available net rentable space of the FDLE Building is leased, and will continue to be leased, to the Florida Department of Law Enforcement, and 7,409 square feet of the net rentable space of the Corrections Building is leased, and will continue to be leased, to the Florida Department of Corrections. pursuant to the leases described herein (the "Leases") under the caption "THE LEASES." In connection with the issuance of the 1998-1-A Bonds. the Leases and the lease payments payable thereunder (the "Lease Payments") will be pledged to the T:ustee, under the Mortgage, Assignment of Leases and Rents and Security Agreement dated as of March I, 1998 (the "Mortgage"). from the Corporation to the Trustee, as a portion of the security for the 1998-1-A Bonds. The 1998-1-A Bonds; Security The 1998-1-A Bonds are being issued in denominations of $5,000 and integral multiples of $5,000 in excess thereof, pursuant to the provisions of an Indenture of Trust and Security Agreement dated as of March 1. 1998 (the "Indenture"), between the Issuer and AmSouth Bank, Birmingham. Alabama, as trustee (the "Trustee"). The 1998-I-A Bonds mature on the dates and in the amounts set forth on the inside cover page of this Official Statement and are redeemable prior to their stated maturities as described herein. Interest on the 1998-1-A Bonds will be payable semi-annually, on January 1 and July I, commencing July 1, 1998. See "DESCRIPTION OF THE 1998-1-A BONDS" herein. The 1998-1-A Bonds are secured by (i) all of the right, title and interest of the Issuer in. to and under the Loan Agreement (except for certain rights tO indemnification and reimbursement of expenses) and the non-recourse Promissory Note of the Corporation dated March 16, 1998 (the "Note"); (ii) all moneys (including proceeds of the 1998-1-A Bonds) and investment earnings in any fund or account created under the Indenture (except the Rebate Fund); and (iii) the Mortgage. all moneys in any fund or account created under the Mortgage, and all other property mortgaged, pledged and assigned under the Mortgage, including the Lease Payments. the Leases and other Revenues from the operation of the Escambia Facilities (collectively referred to as the "Mortgaged Estate"). The obligations of the Corporation under the Loan Agreement and the Note are non-recourse obligations, limited as to source of payment to revenues and rentals derived by the Corporation from the operation of the Escambia Facilities. THE 1998-1-A PAYABLE SOLELY THEREFOR IN ACCORDANCE WITH THE INDENTURE, THE AGR1 BONDS WILL BE LIMITED OBLIGATIONS OF THE ISSUER FRONt THE SOURCES DESCRIBED HEREIN AND PLEDGED :E~E_N_T. THE NOTE AGEHDA LTEM ii J U L 2 AND THE MORTGAGE. NEITHER THE CITY OF GULF BREEZE, FLORIDA, THE STATE OF FLORIDA, NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, INCLUDING ESCAMBIA COUNTY, FLORIDA, SHALL BE OBLIGATED TO PAY THE 1998-1-A BONDS OR THE INTEREST 'H-IEREON. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY OF GULF BREEZE, FLORIDA, THE STATE OF FLORIDA, ESCAMBIA COUNTY, FLORIDA, NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, IS PLEDGED TO THE PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON. THE 1998-1-A BONDS. Bond Insurance Payment of the principal of and interest on the 1998-I-A Bonds will be insured by a Municipal Bond Insurance Policy issued by AMBAC Assurance Corporation. See 'MUNICIPAL BOND INSURANCE' herein and APPENDIX C--"Specimen Bond Insurance Policy' attached hereto. The 1998-1-B Bonds The 1998-I-B Bonds are being delivered simultaneously with the delivery of the 1998-1-A Bonds. as partial payment for assets comprising the Escambia Facilities and to pay a portion of the costs of issuance related thereto. The 1998-1-B Bonds are secured by a junior and subordinate lien upon the Loan Payments and a junior and subordinate mortgage lien upon the Mortgaged Estate. iii $8,500,000 CITY OF GULF BREEZE, FLORIDA Capital Funding Revenue Bonds, Series I997C (Pooled Loan Program - Cordova Community Facilities Corporation Project), Subseries 1998-1-A INTRODUCTION This Official Statement. including the cover page. inside cover page and appendices hereto, is provided to furnish information in connection with the offering by the Cit-)' of Gulf Breeze, Florida (the 'Issuer') of its Capital Funding Revenue Bonds. Series 1997C (Pooled Loan Program - Cordova Community Facilities Corporation Project), Subseries 1998-1-A, in the aggregate principal amount of $8.500.000 (the ~ 1998-1-A Bonds')· Pursuant to a Loan and Security Agreement dated as of March 1, 1998 (the 'Loan Agreement~). between the Issuer and Cordova Community Facilities Corporation (the "Corporation"). a Florida not for profit corporation, and a non-recourse Promissory Note of the Corporation dated March 16, 1998 (the 'Note~). the proceeds of the 1998-1-A Bonds will be loaned to the Corporation to (i) pay a portion of the cost of the acquisition of two parcels of real property located in Escambia County, Florida, and the existing office buildings and other capital improvements situated thereon (the 'Escambia Facilities'). to be leased to two different governmental agencies of the State of Florida, (ii) fund a debt service reserve account for the 1998-1-A Bonds. (iii) fund operating and maintenance expenses during an initial period of stabilization and (iv) pay certain expenses incurred in connection with the issuance of the 1998- 1-A Bonds. The Loan Agreement and the Note require the Corporation to make payments sufficient to pay the principal of, premium, if any, and interest on the 1998-1-A Bonds. The Corporation's obligations under the Loan Agreement and the Note will be secured by, among other things, a senior mortgage lien on the Escambia Facilities pursuant to a Mortgage, Assignment of Leases and Rents and Security Agreement dated as of March 1, 1998 (the "Mortgage"), from the Corporation to the Trustee, and the Leases and Lease Payments (as defined herein). The Issuer will assign all of its right, title and interest in. to and under the Loan Agreement (except for certain rights to indemnification and reimbursement of expenses) and the Note to AmSouth Bank, Birmingham, Alabama, as trustee (the "Trustee") under that certain Indenture of Trust and Security Agreement dated as of March 1, 1998 (the "Indenture"), between the Issuer and the Trustee, as security for the 1998-1-A Bonds. As additional security for the 1998-I-A Bonds, the scheduled payments of the principal of and interest on the 1998-1-A Bonds will be insured pursuant to a municipal bond insurance policy to be issued by AMBAC Assurance Corporation (the "Insurer") concurrently with the issuance of the 1998-1-A Bonds. See "SECURITY FOR THE 1998-1-A BONDS" and "MUNICIPAL BOND INSURANCE' The 1998-1-A Bonds are subject to mandatory, optional and extraordinary redemption prior to stated maturity, including mandatory sinking fund redemptions, as described herein. See "DESCRIPTION OF THE 1998-1-A BONDS--Redemption" herein. NEITHER THE CITY OF GULF BREEZE, FLORIDA, THE STATE OF FLORIDA NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, INCLUDING ESCAMBIA COUNTY, FLORIDA, SHALL BE OBLIGATED TO PAY THE 1998-1-A BONDS OR THE INTEREST THEREON. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY OF GULF BREEZE, FLORIDA, THE STATE OF FLORIDA, ESCAMBIA COUNTY, FLORIDA NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, IS PLEDGED TO THE PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON, THE 1998-1-A BONDS. Unless otherwise defined in this Official Statement, capitalized terms are defined in APPENDIX A - 'Definitions of Certain Terms and Summary of Principal Documents' hereto. This Official Statement contains brief descriptions of, among other things, the Issuer, the Corporation, the Escambia Facilities, the 1998-1-A Bonds, the 1998-I-B Bonds. the Indenture, the Loan Agreement, the Note and the Mortgage. Such descriptions do not purport to be comprehensive or definitive. Ail references in this Official Statement to documents are qualified in their entirety by reference to such documents, and references to the 1998-1-A Bonds and the 1998-1-B Bonds are qualified in their entirety by reference to the definitive forms of such bonds. Until the issuance and delivery of the 1998-1-A Bonds, copies of the Indenture, the Loan Agreement, the Mortgage and other documents described in this Official Statement may be obtained at the principal office of the Underwriter and copies of these documents may be obtained from the Trustee or the Corporation after delivery of the 1998-1-A Bonds. THE ISSUER ANI) THE FINAaNCING PROGRAM The Issuer is a municipal corporation of the State of Florida. The city limits of the Issuer encompass approximately 3,120 acres located on a peninsula in Pensacola Bay in the northwestern part of the State of Florida. The Issuer is authorized pursuant to the provisions of Chapter 61-2207, Laws of Florida, Special Acts of 1961, Section 163.01, et seq.. Florida Statutes, Chapter 166, Florida Statutes, and other applicable provisions of law (collectively, the 'Enabling Act") to cooperate with other public agencies of the State of Florida in the exercise of their common powers, including, among other things, their powers to borrow money and finance or refinance projects providing public services and lessening the burdens of government. On July 5, 1997, the Issuer enacted its Ordinance No. 05-97 (the "Ordinance") to establish an alternative financing program (the "Program") to provide funds to qualified not for profit corporations to finance or refinance capital projects for the purpose of developing and maintaining public health, education and economic development. Pursuant to Resolution No. 13-97 adopted on June 11, 1997 (the "Authorizing Resolution'), the Issuer approved the issuance of not in excess of $200,000,000 aggregate principal amount of bonds to implement the Program 'I' JuL 2 8 (the "Program Bonds"), and to loan the proceeds of the Program Bonds to qualified not for profit providers of public services within the State of Florida ("Participants") pursuant to financing agreements among the Trustee, the Participants and the various public agencies of the State of Florida (the "Local Agencies") having jurisdiction and authority to issue bonds to finance such projects for the Participants. The Authorizing Resolution contemplates that the proceeds of each series of the Program Bonds will be. loaned to the Participants pursuant to a loan agreement in substantially the form of the Loan Agreement and shall be applied to finance the cost of the applicable facility in the manner described in the Loan Agreement. Each series of the Program Bonds will be separately secured. The Program Bonds and the proceedings taken in connection therewith were validated by judgment of the Circuit Court in and for Santa Rosa County, Florida (the "Judgment"), entered on September 1:5, 1997, pursuant to the procedures set forth in Chapter 7:5, Florida Statutes. The Judgment is f'mal and non-appealable. The Escambia Facilities are the fa'st facilities to be financed with any of the Program Bonds. Escambia County, Florida ("Escambia County"), which is the applicable Local Agency with respect to such facilities, approved the issuance of the 1998-1-A Bonds by the Issuer following a public hearing held on January 27, 1998, and on the date of delivery of the 1998-1- A Bonds, will enter into an Interlocal Agreement dated as of March 1, 1998 (the "Escambia Interlocal Agreement"), between the Issuer, Escambia County and the Corporation, with respect to the issuance of the 1998-1-A Bonds and the Escambia Facilities. Escambia County has absolutely no obligation with respect to the Program, the Escambia Facilities or the 1998-1-A Bonds. Escambia County's approval of the Escambia Interlocal Agreement does not constitute an endorsement of the 1998-1-A Bonds, the purchasers thereof or the ability of the Corporation to perform its obligations under the Loan Agreement and the Note. In addition to the 1998-1-A Bonds, the Issuer may issue in the future other series of bonds for the purpose of financing other projects, including projects other than those owned and operated by the Corporation. Each such series of bonds will be secured by instruments separate and apart from the Indenture. However, any issue of bonds by the Issuer for the benefit of, or any incurrence of indebtedness by, the Corporation undertaken to make improvements to the Escambia Facility, to refund any portion of the 1998-1-A Bonds or to refund Construction Notes (defined herein), may be secured on a parity with the 1998-1-A Bonds upon such terms as are described herein. See "DESCRIPTION OF THE 1998-1-A BONDS-Additional Bonds" herein. THE CORPORATION Cordova Community Facilities Corporation (the "Corporation") was incorporated as a Florida not for profit corporation on November 15, 1995 as "Cordova Housing Corporation." The Corporation changed its name on May 24, 1996 to "Escambia Housin~g Corporation" and 1!!/ '~ ~ ':'..'.'~ on November 12, 1997 changed its name to "Cordova Community Facilities Corporation." The Corporation was originally formed to provide affordable housing and to otherwise assist Escambia County, Florida in its policy of providing housing for persons of Iow or moderate income. The Corporation has since amended its charter to include the provision of offices and administrative services to state and local governments, and agencies thereof, for purposes of lessening the burdens of government. The Corporation currently owns four multifamily housing projects in Escambia County., providing 1,322 housing units for persons of Iow or moderate income. Each of such housing projects was financed by the Corporation with tax-exempt bonds issued on behalf of Escambia County, pursuant to Internal Revenue Service Rev. Proc. 82-26. The Internal Revenue Service has determined that the Corporation is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and is therefore ex~.,.pt from federal income taxation under the provisions of Section 501(a) of the Code. The obligations of the Corporation under the Loan Agreement and the Note are non- recourse obligations, limited as to source of payment to revenues and rentals derived by the Corporation from the operation of the Escambia Facilities. DESCRIPTION OF THE 1998-1-A BONDS General The 1998-I-A Bonds are being issued as fully registered bonds in the denominations of $5,000 and integral multiples of S5,000 in excess thereof, are dated as of March 1, I998, and bear interest at the rates per annum and mature on January I in the years and principal amounts set forth on the inside cover page of this Official Statement. Interest on the 1998-1-A Bonds accrues from the date of delivery of the 1998-I-A Bonds, is computed on a 360-day year composed of twelve 30-day months, and is payable semiannually on lanuary 1 and July 1, commencing July I, 1998 (each an "Interest Payment Date"), subject to redemption prior to maturity as set forth below. Principal of and premium, if any, on the 1998-I-A Bonds will be payable upon presentation and surrender thereof at the principal corporate trust office of the Trustee in Birmingham, Alabama. Interest on the 1998-I-A Bonds will be paid by check or draft mailed to the persons in whose names such 1998-1-A Bonds are registered on the registration books of the Issuer. at their addresses as they last appear therein, at the close of business on the 13th day of the month (whether or not a business day)'immediately preceding each Interest Payment Date for the 1998-1-A Bonds. THE ESCAMBIA FACILITIES General A portion of the proceeds of the 1998-I-A Bonds will be used by the Corporation to acquire the Escambia Facilities. The Escarnbia Facilities consist of the P.K. Yonge Building, the land on which it is situated and the other improvements thereon, located at 1301 N. Palafox Street in Pensacola, Florida (the "FDLE Building"), and the land and improvements thereon located at 3100 West Fairfield Drive in Pensacola, Florida (the "Corrections Building" and, together with the FDLE Building. the 'Escambia Facilities"). FDLE Building The FDLE Building was originally constructed in 1940 for use as a school and was completely renovated in I993, and specially constructed, to accommodate the FDLE. The FDLE Building is located on approximately 2.8 acres of land and consists of one three-story brick building with 45,955 gross square feet of space, 7,060 of which remain unfinished. The currently available net rentable area of the FDLE Building is 29,870 square feet, all of which is leased to the State of Florida Department of Law Enforcement, Division of Local Law Enforcement Assistance and the Division of Criminal Investigation (the "FDLE"). See "--The Leases' below. The FDLE Building contains 255 rooms, a crime laboratory, a firing range, vaults, a security system and a closed circuit television system. Corrections Building The Corrections Building was originally constructed in 1971 as two separate buildings. The Corrections Building has been renovated and the interior of the two buildings is now connected to form a single office building to accommodate the DOC. The Corrections Building is located on approximately .72 acres of land and consists of one single-story concrete block building with 8,885 gross square feet. Approximately 7,409 square feet of the net rentable area of the DOC Building is leased to the State of Florida Department of Corrections (the "DOC~). See "--The Leases" below. The Corrections Building contains 41 offices and a conference room. Acquisition of the FDLE Building and the Corrections Building Simultaneously with the delivery of the I998-1-A Bonds, the Corporation will acquire the FDLE Building from Schweizer & Schweizer Limited Partnership, a Florida limited partnership ("SSP"), and will acquire the Corrections Building from Roth-Schweizer II Limited Partnership, a Florida limited partnership ("RSP"), all pursuant to an Asset Purchase Agreement to be dated the date of delivery of the 1998-I-A Bonds (the "Purchase Agreement"), between the Corporation, SSP and RSP, for an aggregate purchase price of approximately $7,000,000.00 cash (to be paid out of the proceeds of the 1998-1-A Bonds) plus delivery of the 1998-1-B Bonrk. The purchase price to be paid under the Purchase Agreement will include the assignment by RSP to the Corporation of the Leases (described below). 16 t Management of the Escambia Facilities The Escambia Facilities are currently managed by The Halford Company (the 'Nlanager') pursuant to a management agreement between the Manager and Roth-Schweizer II Limited Partnership ('RSP'), the current owner of the E~cambia Facilities. The Manager is engaged to provide, among other things, marketing services with respect to the Escambia Facilities. collect and deposit rents from the Escambia Facilities, maintain and repair the Escambia Facilities and prepare annual budgets for the operation of the Eseambia Facilities. In connection with the acquisition of the Eseambia Facilities. RSP will assign its rights under the current management agreement to the Corporation. The Corporation and the Manager expect to revise the terms of the current management agreement, whether by amendment or the execution of a new agreement, no later than the date of delivery of the 1998-1-A Bonds. Under the proposed revised terms of the Management Agreement, the Manager is expected to be compensated at the rate of $I,000 per month, with $500 per month being attributed to each of the FDLE Building and the Corrections Building. The initial term of the revised management agreement is expected to be ten (10) years, provided that the Corporation will have the option to terminate the management agreement at the end of the third year, or at any time the Manager fails to satisfactorily perform its duties. The Manager is a Florida corporation founded in I984, which provides professional real estate services such as commercial sales, property management and leasing, and tenant representation in the Florida Panhandle. The Manager maintains a property management system which provides an ongoing evaluation of the properties it manages and recommends cost-saving measures for efficient building operation. The Manager uses state-of-the-art computer hardware and software to handle all details of property management, including preparation of financial statements, periodic reporting to accountants and preparation of annual budgets for each property it manages. The Leases The FDLE Building is currently leased to the FDLE pursuant to a Lease Agreement dated January 19, 1994, as renewed and restructured (the 'FDLE Lease'), between RSP and the FDLE. The term of the FDLE Lease runs until September 30, 2019 and provides for annual increases in the monthly rental rate on each October I. The current monthly rental rate is $41,693.54, or $16.75 per square foot. The Corrections Building is currently leased to the DOC pursuant to a Lease Agreement dated November 23, 1993, as modified (the "DOC Lease' and, together with the IDLE Lease, the 'Leases'), between RSP and the DOC. The term of the DOC Lease runs until December 31, 2003, with a five year renewal option held by the DOC. The DOC Lease provides for annual increases in the monthly rental rate on each January 1. The current monthly rental rate is $7,717.71, or $12.50 per square foot. 17 Each of the Leases may be terminated by the lessee, without penalty, in the event a building owned by the State of Florida becomes available in Escambia County, Florida~[t occupancy by such lessee for the purposes for which the Escambia Facilities are being lea~' upon six (6) months written notice to the Corporation. See "BONDHOLDERS' RISKS - Exculpatory Lease Provisions." As part of the purchase of the FDLE Building and the Corrections Building pursuant to the Purchase Agreement, the Corporation is acquiring all of RSP's right, title and interest in. to and under the Leases. The monthly rental payments (the "Lease Payments") made pursuant to the Leases are pledged to the Trustee under the Mortgage to secure the obligation of the Corporation to make Loan Payments under the Loan Agreement. The following table sets forth the combined estimated net Revenues expected from the operation of the Escambia Facilities (including interest thereon), the estimated annual debt service on the 1995-1-A Bonds and the resulting estimated coverage, all as of Sanum'y. I of the years set forth below. The estimated net Revenues and the estimated operating expenses incorporated therein have been provided by the Manager, which believes them to be reasonable. There can be no assurance that such estimates wiIl prove to be accurate. Accordingly, no representation or warranty of any kind is given with respect to the accuracy of the estimated information presented on the following page: 18 EXECUTIVE SUMMARY A RETROSPECTIVE ON THE COLLIER COUNTY COMMUNITY TRANSPORTATION COORDINATOR, GOOD WHEELS, INC. FOR 1997-1995 ~ To provide an overview of the transportation disadvantaged program in Collier County and review the preliminary results of the six month evaluation of Good Wheels service delivery. ~: la ~Iune of 1997, Collier County in conjunction with the local coordinating board (LCB), under took a request for proposal process for a community transportation coordinator (CTC). ARer an extensive process Good Wheels was selected in August, 1997. One of the responsibilities of the Naples-Collier County Metropolitan Planning Organization (MPO), serving as the designated planning agency, is to conduct periodic review of the CTC. For a new CTC (October 1, 1997), the MPO is tasked to undertake a six month and annual evaluation of the coordinator. The evaluations are undertaken by the LCB, Southwest Florida Regional Planning Council (P, PC) staff, and members of the LCB's Evaluation Subcommittee. The attached report provides a Freliminary review of the Collier County Transportation Disadvantaged LCB six month review of the CTC, Good Wheels, Inc. The LCB Evaluation Committee review was concluded, Monday, June 29, 1998, at the administrative office of the Naples-Collier County Metropolitan Planning Organization. Interviews, conducted by the LCB Evaluation Committee, were held at the Collier County administrative office of Good Wheels, Inc. with Ms. Deloris Sheridan, Good Wheels President and CTC staff. The findings and recommendations will be presented to the full LCB for review and action on July 29. The 1997-98 six month review is based on the modules of competition, coordination, cost- effectiveness, quality of service, and funding and accountability as contained in the Evaluation Workbook for Community Transportation Coordinators and Providers in Florida. Coordinator data was extracted from the 1997-95 Annual Operating Report (AOR) for the months September 29, 1997 through March 31, 1998. Findings and recommendations developed in conjunction with the coordinator and LCB Evaluation Committee are offered to address some of the issues identified during the review. ~ None Growth Management lmpact~ The Transportation Disadvantaged Program is wi~h the Growth Management Plan Transportation El,.ment. JUL 2 S 1998 Executive Summary Good Wheels, Inc. Overview Page Two Recommendation_'- ~he BCC to hear the re~ort and pose questions, if any, to staff. Preparedby:'_~c~.~_.~e.~'J~ '~ ,~?'~ ... Ken l~berhlitgton, AICP, M~ffoormna'°' Robe~r~ ~er,, AICP, Planning Services l~irecto' Vincent A. Cautero, Community Development & Environmental Services Administrator This is an ird'ormation item only, thus staff's recommendation is i'or Date:_"1.- 2.o '-~, ,~ Date: JUL 2, 8 1998 Collier County Community Transportation Coordinator Update Transportation Disadvantaged Program ;tructure Transportaticm Disadvantaged Program Florida Statutes JUL ~, 8 1998 Chapter 427.011. F.$. TD Funds Chapter 427.011, F.$. Nonsponsored S~ Chapter 427.0159, F.S. TD Trust Fund JUL ~, 8 1995 TD Trust Fund - co.an.ed Designated Official I~nn~ng Agency Collier Community Transportation Coordinator Good Wheels JUL 2 8 1998 Responsibilities Oc LCB's TD Nonsponsored Priorities General Trips Trip Distribution TD Service Program Trips TD Service General Trips TD Sen. ice Trip Types JUL 2 8 1998 General & Program ger Trii General Trips Funding Source General Trips g$ JUL ~81~98 1 I County CTC ~rformance Me Circulator Service CB's Recommendations CTC: JUL ~ 8 1998 7 LCB's Recommendations - lued JUL ~ 8 1998 EXECUTIVE SUMMARY RECOMMENDATION THAT TIlE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION FIXING TIlE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST TtlE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF TIlE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISIIMENT OF CAPITAL RESERVE FUNDS FOR THE MAINTENANCE OF CONSERVATION OR pRESERVE AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITIIlN TIIE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITIIIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT OB.IECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for al~i~roving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U. S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, ali within the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATION: The County Commission as part of the actions related to the succession of the Pelican Bay Improvement District Board of Supervisors are committed to hold a Public Hearing within the Pelican Bay community. There is no specific date established (other than prior to the final adoption of the County-wide budget), but staff would recommend that the Board consider one of the following dates for the Public Hearing: Wednesday September 2 Thursday September 3 Thursday September 10 to be held at 6:00 P.M., at the following location The Foundation Center 8962 Hammock Oak Drive Naples, Florida 34108 Pursuant to Section 197.3632, Florida Statutes, a Preliminary. Assessment Roll (Non-ad Valorem Assessment Roll) must also be adopted between June 1 and September 15, 1998 in order to insure that the assessments can be placed on the Collier County Tax Collector's bills this year. Combining the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) and the Budget Hearing in the Pelican Bay community, will provide for increased public JUL Executive Summary July 6, 1998 Page 2 awareness of the Pelican Bay Services Division's budget and assessment for Fiscal Year 1995- 1999 FISCAL IMPACT: None GROWTIt MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the preperties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, bt;autification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. "".'~" . /. /~.~' .:5 :-.?... DATE:_J-'~'--:, PREPARED BY~'."~ ~'-" '.--~ ' - James P. Ward, .::'--' Pelican Bay Services Division Administrator REVIEWED ~strator JUL 2 8 I .I 7 $ lo II 12 14 · RESOLUTION NO. ~-~ A RESOLL'TIO."J FIXI.~G THE DATE. TIME AND PLACE FOR TIlE PUBLIC HEARING FOR APPROVING TIlE 5PEC~L ASSeSSMEnT ~ON-AD VALOREM ASS~SMEN~ TO BE LEVIED AGAINST TH}. PROPERTI~ WITIIIN TIlE y MUNIC~AL SER~CE T~ING AND BENE~T UNIT FOR PELICAN BA , · . · · UTI~CATION OF MAIN~N~N~ OF THE WA~R MANAGEMENT S~ STEM. BEA RECREATIONAL FACIL~ES AND MED~N AREAS, ~D MAINTENANCE OF CONSERVA~ON OR PRESER~ A~, AND ~TABLISIIMENT OF CAPITAL R~ER~ YUNDS FOR TIlE MA[N~NANCE OF CONSERVATION OR PRESERVE AREAS. U.S. Il BE~S, ST~ET SIGNAGE ~p~CEMEN~ ~VITIllN TIlE MEDIAN A~AS AND ~NDSCAP[NG IMPROVEMENTS TO U.S. 41 ENT~NCES, ALL WITIIIN THE PELICAN BAY MUNICIPAL SER~CE T~ING AND BENEFIT UNIT. 17 'WIIEREAS. the Board of Count:,. Commissioners adopted Collier CounO' Ordinance No 90-111. as I~ amended, crcaling the Pelican Ba~.' Municipal Service Taxing and Benefit Unit for tho purpos~ of providing street 19 hshting. %%2tot management, c~raordinar)' law cnfce:cmcnt scr~'icc and beautification, including but not limited to 20 beautification of recreational facihties, sidewalk, slreci and median an:as and thc maintcr~ncc of conics'anon or 2 ! pres~r,c areas; and 22 WIIEREAS, Section 197.3632. Honda Statulcs. r~uires that a public hcanng Ix: hcld w adopt a non-ad 23 ~-a[orem assessment roll for purposes of utilizing the uniform mc!hod of collection. 21 NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COblMISSIONERS 25 OF COLLIER COUNTY, FLORIDA. Ihat. 26 ~ This Resolulion is adopted pursuant to the provisions of Ordinance No. 90-111. as amended. 27 and other applicable provisions of hw. ~ECTION TW.O_ It is herd~., found and dc!ermined that a sPccqal assessment ~ hich includes the establishment °f 29 Capilal Reserve Funds for Ihe maintenance of the ~er managemenl ~.s~em. braudfication of recreational 30 facilities and median an:as, and maintenance of conser,'alion or reser~: areas ~ithin tho Pelican Bay Municipal Service Taxing and B~:nefit Unit is necessao tot funding the required payments for the operation, re, ir and m~imenanca of the ~lcr managemen! ~'siem. beautification of recrcmional facilities and median areas, and maintenanc~ of conservation and preserve areas during Fiscal Year 1998-1999. SECTION TIIREE. A public he,'in§ before thc Board of Count' Commissioners on the prdiminar:,.' asscssmen! roll (non-ad %~lorem assessz:~nt roll) of the estimated costs, including Capital Reser~: Funds for the maintenance 36 of cons~r..~don or prcser~ ar~as. U.S 4 ! berms ~ithin the boundaries of the Unit. slre~ sign replacements ~ilhin 3T the median ar~s. landsaaping improvements ~ithin the boundaries of the DislricL landscaping impro~*ments !o the U.S. 41 entrances within the boundaries of the Unit. the mainlenance of the ~ater management s'). s~em. and 39 bcaulifiaat~on of r~:reation facilities and median areas, during Fiscal Year 1998-1999 bct~en the Count)' and cach properS.' o~ner of land ~ithin the Pelican Bay Municipal Sera,ce Taxin§ and Benefit Unit will be held on .,t i September .1991 al 6:00 P.M. at The Foundation Center. 1~962 Hammock Oak Drive. Naples. Florida. at 42 which time the Board of Count?' Commissioners will hear objections of the turners of the properties ~ithJn the JUL 2 8 Pclic~n B.'O.' Municipat Se~icc Taxing and Benefit Unit or oihcr pcrsons mtcrestcd thc:min, to thc ~doplion o~ thc p~limin~' ~smcnt roll (~-Id ~lo~m ;~t roll). ~'hc Clc~ s~ll i~6~d. ~ t~= ~ of any ~ firm or court,on ~x~ng or cta~ming to ~ve a~' intc~ in any lot or ~ of land ~t~n ~ UniL thc ~ a~ ~ o~ a~ of such ~. fi~ or ~tion. to~t~r ~th t~ b~cf ~Hption ~ d~g~ti~ of ~ch lot or ~r~l. ~c CI~ s~l ~ the noti~ of ~h public ~ publish~ one ti~ in ~c Napl~ Daily N~. a n~v~pa~r publi~h~ in Collier County nnd cir~laling in the UniL n~ I~s t~n l~en~' {20) ~}~ prior to ~id ~tc of Ihe ~gn~ N~ of s~h public h~ng lo consider thc adoption of ~ p~limi~o' as~s~nl roll (non-ad v~o~m as~ment roll) s~ll all the pr~? o~ne~ on II~ prcliminao' a~smcnt roll {non-ad ~almcm as~m~i roll} at thc addr~s p~dcd for on ~id roll. ~. Nolice of ~h ~ring ~ll ~ in su~ntially thc following fo~: N~i~ is ~ gWcn ~I ~ ~d of C~n~' C~mi~one~ of ~llier C~n~. ~o~. ~ll ~t on ~cm~r ,,. i~ at 6:~ P.M.. ~ F~n~0on Center. 8962 ~mm~k ~ D~ve. Napl~. ~o~. for the ~ of ~gng ~j~io~. if any. of all intc~ ~r~ to the adop~on of the prclimi~' a~cn[ mil (non-ad x~lo~m a~smcnt roil} all~iing ~c ~ble ~ including ~intcnan~ of co~'ation or pr~'e a~s. U.S. 41 ~ within the ~n~ of ~ U~L ~ sign rcpia~m~nts ~ithin ihe ~ian a~s. lan~ping imp~'cmcn~ ~i/hin [he ~un~fies of the UniL land,ping imp~:m~is lo ~e U.S. 41 en[~ ~thin the ~n~ of the UniL I~ ~intc~n~ of iht ~lcr ~g~ent ~.~em. and ~ulifi~lion of ~Oon facilili~ and median a~s ~ithin the Pelion B~' Munici~l ~ni~ T~xing and ~nefi[ Una which compn~ and mclug~ tho~ lands d~H~ 22 23 24 26 29 3O 31 32 3./ 38 .10 41 .12 43 44 45 46 4'/ A tmc~ of land being in portions of Sections 32 and 33. Township 48 South. Range 25 East: together with portions of Sections 4. 5. 8 and 9. Township 49 South. Range 25 East. Collier County. Flori~. being one and the same as the lands encompassed ~ithin thc Pelican Bay Municipal Sen'ice Taxing and Bcncfi! Unit. the perimeter bounda~,' of same more particularly described as foilings: Commencing a! the Southeast comer of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along thc South line of Section 33 a distance of 150.02 feet to a point on the West .-ight-of-v,~ay linc of U.S. 41 fSlatc Road 45). said point also being thc Point of Beginning: thence Somhcrly along the Wcs~ right.of-~ay line of said U. S..11 (S{ate Road 451 the following courses: Soulh OO degrees 58 minutes 36 seconds East a distance of 2.49 feet: thence Sou;h O0 degrees 55 minutes 41 seconds East a distance of 3218.29 fcc{; thence So{nh Ol degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet: lhcncc South 01 degrees 00 minutes 18 seconds East a distance of 255~.75 fcc{ to a point on the Noah righl-of-~'n~,' line of Pine Road as recorded in D.B. 50. Page .190. among the Public Reeord~ of said Collier Count,.': thence departing said U.S. 41 (Slate Road 45} South 89 degrees 09 minutes 45 seconds Wes1 along said North tight..of-~ay line a distance of 2662.61 fee~: thence South OO degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit I as recorded in Plat Book 3. Page 85 among said Public Records: thence South 89 degrees 09 minules 45 seconds Wes~ along said North line of Seagate Unit I and the South linc of said Section 9 a distance of 2496.6'7 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less Io a point on the mean high ~a~er line established May 15. 19Gg: ~henee n Nor~h~'lcrly direction along said mean high ,n~ler line a distance 15'q6 feet more or less: {hence departing said mean high ~ater line South 80 degrees 29 minutes 30 seconds East and along the Southerly linc of Vandorbilt Beach Road (Slate Road 862) as recordc~ in D.B. 15, Page JUL 2 i 2 6 9 16 2~ ~21 ~mon~ s~'~id Public Records a dis~nncc of 73~.~ feet more or I~s to z ~int on mid W~t ~ght~f*~%~' 1i~ of U. S ~] (S~lc ~d 45); thc~c ~uth ~ dcg~s ~8 minules 36 ~oflds ~g along ~ld W~ ~ghl~f-~' li~ a dism~ of 2574.36 f~ lo I~ Point of ~inflin~. A ~' of thc prchmi~O a~s~flt roll (non-ad ~alorcm a~mcnl ~11) for ~ch lot or ~arccl of land IO ~ a~d is on file at I~ Ci~ to the ~rd's ~t~. C~n~' G~m~nl Center. Administration Building. F~nh ~r. 3301 ~a Tam,mi Trail. N~l~. ~o6~ and in t~ o~ of the Pelion B~' ~5~ Division. 80l ~uml ~ Dnyc- Suite ~5. Napl~. Flo~. and is o~n to the ins~ion of the public. All ~ pr~' ~nen ~ve anght lo ap~r and ~ h~rd at thc public F~hn~ and to f~le ~vnttcn ~io~ to the adoption of a r~lmion a~r~ng the prelimi~' ~mcnt roll (non-ad valorem a~sment mil) ~ith t~ B~d ~.ithin 20 ~ of this noti~ ~d u~n the g~nds I~t it contains items which ~n not ~ p~tiy ~ a~i~t p~'. that the coronation of I~ ~ial as~ment is in~n~t, or there is a default ~ ~f~ in t~ ~s~8e ot ¢~m~er of the ~lution. ot the ~¢iimi~' ~ment (non-ad valorem a~ment) is ~id ot voluble in ~hole or ~ or l~t it ~c~ ~ ~¢r of the ~rd. At thc completion of the heating . the ~d s~ll ¢ithct annul o~ ~in ot m~i~ in ~1¢ at in ~n the p~limi~' ~mcnt (~n-ad xalorem a~smenU as mdi~ted on s~h roll. citer ~' con,ming the prelim~na~' ~mcnt (non-ad x'aiorem a~ment) a~insl a~' or all I~ or ~c¢Is d~ ~in o~ ~' ~n~ling inc~sing, or t~uctng thc ~mc. a~rding to t~ ~cial ~ncR~ ~hich the B~rd d~d~ ~ch tach lot or ~r~l ~ r~ived or will r~c{v¢ on a~nl of ~ch impr~'emen~. ~¢ ~sment ~ made s~ll ~ ~1 and ~ncl~ive as to ~ch lot or ~1 a~ ~I~ prowl g~ ~e ~en ~Sthin t~cnb' (20) ~$ with a ~ of ~m~lcnt juh~i~ion to ~rc 21 relicf. 22 Thc Board will lc? a special assessment (non-ad valorem assessment) for operations and maintenance of 23 the ,~atcr management ~.~cm and thc beautification of the recreational areas and median areas, and maintenance 2.~ of consar~'ar, an and preserve areas utilizing an Equivalent Residential Unit based methodology. The total 2~ assessment for mamtenanc~ of the water management ~-stem. beauti.n.::atIon of recreational facilities, and median 26 areas, and mamtenanc~ of cons~n'ation or pres~n'e areas is SIA61.8110.00 which equates to SIII1L4g per 27 Equi~alenl Residential Unit based on 7755.93 assessablc uniL~. 28 Th-" Board w~ll le~' a special assessment (non-ad valorem assessment) for the establishment of Capital 29 Reserve Funds for IbC maintenanc~ and restoration of the conscn'ation or pres~r,.e areas. U.S. 41 berm 30 impr~'cments ~ithin thc Unit. s'tre~t sign replacemcnt within the median areas, landscaping improvements and 3 ! U.S. 41 entranct improvements ~ithin the Unit. utilizing an Equivalent Residential Unit based r~1hodolog~'. Thc 32 lot,al assessment for th~s~ Capital Resen'c Funds for tl~c maintcndnce and resloration and landscaping .13 improvements is S649.700.00 which equates to S83.77 per Equi;~lent Residential Unit based on 7755.93 3-1 assessable units. 35 The special a~_~t~_~'mem (non-ad valorem a~.n~ssment) ~II be collected by the Collier Count' Tan Collector 36 on the owner's ad ,~aiorem tax bill pursuant Io Sec~ion 197.3632. Florida Statutes. Failure to pay the special 2UL2 I Any person who decides to appeal · decision of the Board will need a record or'the proceedings pertaining 2 thereto and therefore rn~y need to ensure that a s, er~tim record of the proeeedin~ is made, which ,"~ord includes 3 the testimony and evidence upon which the appeal is to be b~sed. 4 6 7 $ 9 10 !1 12 14 15 16 BOARD OF COb"N'I~' COMMISSIOI~"ERS COLLIER cOLrN'I'Y, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGI'FI' E. BROCI~ CLERK By:/st Maurcen Kenyon Deputy Clerk (SF. AL) 17 SECTION FIVE. The Clerk is hereby ordered and dirtied to spr~d this Resolution in ~I! ~ong the minutes of 1 $ this meeting for permanent record in his office. i 9 · SECTION SIX. This Resolution shall become effeetive immedistely upon i~s passage. 20 This Resolution adol~'d this day of .... 1998, ~ motion, second and majori~ vote. 21 22 23 24 25 ATI'EST: DWIGHT E. BROCK., CLERK 27 28 Approved as to form and 29 legal sufllciency:. ~ : 3l.: ;..~d C.'~elget' 33~ County Anorney 34 . 35 BOARD OF COUNTY COMMISSIONERS COLLIER COUN'I"Y, FI..ORI. DA BY BARBARA B. BERRY, CHAIRMAN 8 JUL 2 i B8 PEL:] CAI~ , NAPL=-- F:,..A. BEAC~ JUL 2 8 '~' EXECUTIVE, SUMMARY REVIEW HEAl:UNG FOR ALTERNATIVE WATER AND WASTEWATER SYSTEM IMPACT FEE CALCULATION FOR THE RETREAT. OBJECTIVE: In accordance with Ordinance No. 90-86, as amended, and Ordinance No. 90-87. as amended, to have the Board of County. Commissioners Ex-Officio the Governing Board of the Collier County. Water-Sewer District, conduct an alternate impact fee review hearing for the C.C. - Naples, Inc., The Retreat an adult congregate living facility. CONSIDERATIONS: C.C. - Naples, Inc. is proposing to construct an adult congregate living facility to be called The Retreat. This facility v,511 be located on US 41. at the entrance to Bently Village. On May 26, 1998, C.C. - Naples, Inc. requested an Alternative Water and Wastewater System Impact Fee calculation and review hearing. The alternative water and wastewater system impact fee calculation proposed is based on previous studies brought before the Board for similar institutional facilities. ° The project contains 5 buildings, a laundD' facility, a Pro Shop and an Adult Congregate Living Facility. The Adult Congregate Living Facility (ACLF/is to consist of 84 living units (84 beds). The ACLF facility will also contain centralized kitchen, dining rooms, and laundry equipment. The Collier Count>' Water-Sewer District currently requires a water impact fee of $900 and a wastewater impact fee of $1,340 for an Equivalent Dwell!rig Unit (EDU). According to Ordinance 90-86 and 90-87, an EDU means a building or ~, portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living quarters. As written, Ordinances 90-86 and 90-87 require each unit in an adult living facility to be assessed a water impact fee of $900 per unit and a wastcwater impact fee of $1.340 per unit. The total fee under this approach would be $188,160. Hole Montes & Associates. Inc., representing C.C. - Naples, Inc., has researched the demand characteristics of other adult living facilities. The research included five facilities connected to the Collier County Water-Sewer District system. The research supports a per unit usage below the Collier County Water-Sewer average single family home usage of 350 GPD. h:~finn_eLalt imp fee~exec summ. the retreat alternative impact fee.doc The data compiled by Hole Montes & Associates. Inc., indicates that the usage of the sampled assisted living facilities range from 67 gallons/bed/day to 117 gallons/bed/day. Based on this data, Hole Montes & Associates, Inc. is requesting a pro rated impact fee based on 115 gallons/bed/day versus the CCWSD average single family home usage of 350 GPD. This would result in a per bed fee 33% of the standard per EDU impact fee. C.C. - Naples, Inc. proposed fee per bed would be $297.00 for water and $442.20 for wast°water. The total fee under this approach would be $ 62,092.80. o Staff has reviewed the proposed alternative water system and wastewater system impact fee calculation. Staff has reviewed historical usage patterns of similar facilities, as well as the standards contained in Florida Administrative Code 10D-6 which provides standard flow characteristics for various institutional users including nursingd'congregate 1Mng facilities. Based on these reviews and the study submitted by Hole Montes & Associates, Inc., staffhas concluded that an average per day usage of 115 gallons/bed/day is a reasonable level of expected usage by adult congregate/nursing home facilities. On June 24. 1997. and October 14, 1997, the Board accepted an altematix, e fee calculation using the same approach for the Car°Matrix Corp.. Chancellor Pa.k, and HealthTrust, Inc, Carlisle of Naples, assisted care living facility, basing the fee on a usage level of 115 gal/bed/day. o If the Board considers granting the alternative fee then staff would recc,,.-?.mend that a two year full occupancy monitoring period be established wherein actual consumption for The Retreat facility will be reviewed. If actual per month usage during the monitoring period is found to exceed the per bed basis established for the alternative fee calculation, then the County will have the right to recalculate the fee and assess the owner/developer for the difference. FISCAL IMPACT: Ordinance No. 90-86, as amended, provides for a water impact fee of $900 per EDU. Ordinance No. 90-87, as amended, provides for a wast°water impact fee of $1.340 per EDU funds generated under this approach would be S 188,160. If the Board accepts the proposed alternative approach and staff's recommended minimum per bed usage level of 115 gallons/bed/day, the water impact fee would be $297 per bed. and the wast°water impact fee would be $442.20 per bed, under this approach $ 62.092.80 would be generated. GROWTH MANAGEMENT IMPACT: Water and Wastewater Impact Fees are the designated source of funding to support growth driven expansion of the County's Water and Wast°water Systems. The basis for the water and wastewater impact fees is a planned level ofcapital expansion designed to maintain the County's level of service standards. The capacity '°served for h:~rmn_e~Itirapfces~e,ecsumm-flleretr~atalterrativeimp~fee.doc JOL 2 ~ each EDU drives the service standard and thus the need for facility expansion. Accordingly, there are no growth impacts as long as reduced revenue is off-set by reduced capital expansion needs. RECOMMENDATION: That the Board of County Commissioners Ex-Off;cio the Governing Board of the Collier County. Water-Sewer District consider the proposed alternative impact fee ealcuIation for The Retreat. If the Board grants an ai;,~.~ative water and wastewat~ impact fee, staff would recommend basing the fee on a usage level of no less than 115 galPoed/day. The total fee under this approach would be $ 62,092.80. Additionally. staff recommends the implementation of a two year monitoring period under the conditions described in consideration paragraph 9 above. Susan M. Usher, Public Works Senior Accountant REVIEWED B · perations APPROVED BY~/~ "'~ Ed Ilsc .E., Public Works Administrator h:Wm_¢~lt imp feesXexec ~marn - the retreat alternative impact CIASSIC R SII NC BY HYATT~ Jam/Falcon V,¢e ?resident of CIoss, c Resided. ce b~ 200 W. Madison St., Ste. 373g Ch,cogo. IL USA 60606-34~,7 Telemho'~e ,312} 750-8297 Focsmde (312} 920-6t01 .~al¢on~n~ltcJasslc.'--o~ .May 26, 1998 .Ma' Robert Ferrandez County Adminis~ator Collier County Government Complex 3301 Tarniarri Trail East, Building F Naples, Florida 34112 Re: The Retreat ~ File No. 96. 60 Dear Mr. Fernandez: Please be advised that I am requesting an alternate impact fee calculation for water and wastewater, in accordance with Ordinarr. e No. 90-86. Documents and data have been provided to Edward N. Finn, Public Works Operation Director to this effect. Thank you for your consideration in this matter Development ct.. Robe~ Du~ne · JF: h'. hma'no96. 60 HOLE. MONTES & ASSOCIATES. INC. May 12. !99g Mr. Ed Firm Ol:¢rations Director Public Works Health Community Sewices. Floor 3, Bldg. H 3301 Tamiami Trail fa.~ Naples. Florida 34112 SUB.CT: Thc Retreat HMA File No. 96.60 Dear Mr. Finn: In accordance with Ordinance 90-86, as amended and Ordinance 90-87. as amended, on behalf of my client, ttyart. I am requesting an alternate sewer and water impact fee be assessed for an 84 unit Adult Congregate Living Facilib' (of which 34 units are for Alzheimer patients) for a project to be developed in Bentley Village, which is governed by provisions of The Retreat PUD. The project contains no kitchen facilities in individual units but rather has centralized kitchen, laundry., and dining rooms. Sewer & Water The impact fee calculated for the project by the Public Works Department for this project was assessed a fee of S900 per unit for the water impact fee and S1,340 per unit for the water impact fee. Attached is data previously provided to the Count~' for 6 ALF projects that was used for an alternate impact fee for the Carlisle which, along with data from the Florida Administrative Code 10D-6, established a consumption rate of 115 gallons per unit. (See attached Executive Summary for the Carlisle.) These six ALF projects ranged from a peak of 56 gallons per bed per da.;' to 113 gallons per bed per day. The five projects submitted in support of this petition, of which four were the same as submitted to support the Carlisle appeal, ranged from 67 gallons per bed per day for a four month peak average for an ALF in Bentley Village to 117 gallons per day. (See attached data for five projects.) Therefore. based on the results of the attached data, a rate of 115 gallons per day is still applicable, or 33% of the rate for water and sewer consumption of an average single family home. The B.C.C. also approved this rate for an Al.F, Chancellor Park. in a previous appeal approved on July 28, 1997. Mr. Ed Finn The Retreat I4MA File No. 96.60 May 12, 1998 Page 2 In summary., all landscaping for the project will be irrigated from the ~ormwater management lakes. My client ,,,,'iii also be happy to monitor flow rates for t,,vo years (a similar condition attach'ed to other ALF projects that had appeals for assessments approved by the B.C.C.), to provide further support for the impact fee reduction. If rates are determined to be higher than 115 gallons per unit. we have no objection to the impact fee being adjusted accordingly. If I can provide you any additional information, please don't hesitate to contact me. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director ~LDf~ Attachments. .; liMA_,,,,; ApL ES, W p,.l O96:gf~)60~Lt~,.E F$O .~ 12 doe ALF WATER CONSUMPTION CANTERBURY HOUSE AT THE VINEYARDS 72 BEDS 1000 Gals. Consumed Month Jul-o6 147 Aug-96 125 Sep-97 121 Oct-96 124 Nov-96 137 Dec-96 125 Jan-97 111 Feb-97 104 Mar.97 114 Apr-97 109 M ay-97 113 Jun-97 159 Jul-97 134 Aug-97 163 Sep-97 249 Oct-97 231 Nov-97 242 Dec-97 274 Jan-98 270 Feb-g8 176 3228 Avg. Peak 4 months 261,300 gals/mo Avg. Month (1000 gaf) 161.4 Avg. Peak 4 mo per bed 116.9 gpd Avg. per bed 72.3 gpd SUMMER HOUSE 65 BEDS Month Aug-96 Sep-97 Oct-96 Nov-96 Dec-96 Jan-97 Feb-97 Mar-97 Apr-97 May-97 Jun-97 Jul-97 Aug-97 Sep-97 Oct-97 Nov-97 Dec-97 Jan-98 Feb-g8 1000 Gals. Consumed 134 105 105 121 149 152 139 144 160 156 167 187 151 151 168 186 3O6 185 172 3038 Avg. Peak 4 months 212,800 gals/mo Avg. Month (1000 gal) 159.9 Avg. Peak 4 mo per bed 105.6 gpd Avg. per bed 79.4 gpd water usage.xls Page 1 PREMIER PLACE AT THE GLENV~EW 35 BEDS Month 1000 Gals. Consumed Jan-96 91 Feb-96 85 Mar-96 92 Apr-96 113 May-96 104 Jun-96 92 Jul-96 93 Aug-96 100 Sep-96 97 Oct-96 122 Nov-96 94 Dec-96 54 Jan-97 153 Feb-97 90 Mar-97 94 Apr-97 95 May-97 96 Jun-97 95 Jul-97 97 Aug-97 96 Sep-97 96 Oct-97 92 Nov-g7 77 Dec-97 96 Jan-98 80 2394 Avg. Peak 4 months '~ 23,000 gals/mo Avg. Month (1000 gal) 95.8 Avg. Peak 4 mo per bed 113.4 gpd Avg. per bed 88.3 gpd water usage.xls Page 2 ARISTOCP, AT OF NAPLES ~6 BEDS Month 1000 Gals. Consumed Jan-96 297 Feb-g6 215 Mar-96 231 Apr-96 220 May-96 240 Jun-96 233 Jul-96 210 Aug-96 271 Sep-96 223 Oct-96 246 Nov-96 327 Dec-96 283 Jan-97 283 Feb-97 239 Mar.97 240 Apr-97 248 May-97 272 July-97 260 Jul-97 280 Aug-97 229 Sep-97 247 Oct-97 241 Nov-97 242 Dec-97 241 Jan-98 251 Feb-98 228 TOTAL 6497 Avg. Peak 4 months 294,800 gals/mo Avg. Month (1000 gal) 249.9 Avg. Peak 4 mo per bed 99.0 Avg. per bed 84 gpd water usa~e.x!s Page 3 Bentley village Health Care Center (120 units) Water Consumption 11/97 :2/97 3/97 4/97 ~5/97 i6/97 17/97 8/97 !9/97 10/97 i 1/97 112/97 :Total Month 'Usage 197,000 2O7,O0O 23%000 217,000 247,000 229,000 208,000 2O9,OOO 237,000 2,63%000 ~verage .'rot 12 mo,. ~v~.ra~e for peah mo~. ;.Average per ,,,,it (120) '!per mo. for 12 mos. .Average per tmlt (120) !for peak mos. ;Average per ~nlt (120) i per day for 12 mos. ~verage per ux~it (120) ~for peark mos. 220,000 1,833 gallons 61 gallo,,, Monthly' Usage t 239,00O 247,000 2~.OO0 966,000 242,000 2,017gallom 67 gallon~ JF:E.'weter. wk4 i ::.. /0 HOLE. MONTES & ASSOCIATES. INC. May 27. 1998 Mr. Edward N. Finn Operations Director Public Works Health Community Services. Floor 3, Bldg. H 3301 Tamiami Trail East Naples, Florida 34112 SUBJECT: The Retreat h,MA File No. 96.60 Dear Mr. Finn: In response to your letter, dated May _0 , please note the following: 1. The name of the corporation requesting the alternate impact fee is C.C. - Naples. Inc. The facility is located on U.S. 41 at the entrance into Bentley Village. An 8 !6 x I 1 PUD Master Plan is attached. 3. The name of the facility is Bentley Village. 4. A copy of a letter to Robert Fernandez. County Manager, from Hyatt is attached. 5. The number of the beds in the facility is 84. The project has been issued a final SDP; which my client is in the process of making 7. The name ofthe contact person in Hyatt is Jerry Falcon. Very truly .,,'ours. HOLE. MONTES AND ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/aj Attachment .,.11M A_NA PL E.g'.WP. 1996' 96060RLD ,E Fg0.~2? doc FAX g,4,.262.3¢?a EXECUTIVE SUMMARY. TER3IINATE NEGOTIATIONS WITH THE TOP RANKED FIRM FOR ANNUAL AUDITING SERVICES AGREEMENT (RFP 98-2794) .OBJE~ To obtain Board direction to; 1) terminate negotiations with the top ranked firm for the annual auditing services agreement and 2) commence negotiations with the second ranked firm pursuant to the previously established short list. CONSIDERATIONS: On May 28, 1998, The Board of County Commissioners heard presentations from firms responding to an RFP soliciting auditing services for the County's annual external audit and related services. Based on the presentations and in accordance with Section 11.45, F.S., the Board established the following order of the firms for the purpose of negotiating an agreement: 1) Arthur Andersen 2) KPMG Peat Marwick, LLP Schultz, Chaipel and Co. LLP 3) Purvis Gray & Company Subsequent to Board action, staffcommenced negotiations with Arthur Andersen. As of this writing, significant differences remain unresolved, primarily in the area of the consultant's liability. These conditions vary greatly from the County's standards terms and the terms set forth in the RFP. After considerable consultation with the Clerk of Courts and his Finance Director, staff (Purchasing, Risk Management, County Attorney) has offered several compromise positions, none of which appear acceptable to the Anderson firm. Under state law, counties are required to have their annual audit completed by March 30t~. Given the extensive nature of this task, it is essential that the County reaches agreement with one of the audit firms and commences the contract as soon as possible. Accordingly, staffis recommending that the Board formally terminate negotiations with the top ranked firm, open the price envelope submitted by the second ranked finn, KPMG Peat Mam'ick, and direct staffto immediately commence negotiations with the second ranked firm. J U L 2 8 1998 ]FISCAL IblPACT: Thc amount of the Arthur Andersen proposal for the annual audit is $216,700. Subsequent to the receipt of proposals, the Finance Department determined that a separate review of the County's arbitrage rebate computations needed to be conducted. The fee for those services is an additional $48,675. The initial term of the agreement is for three years. The amount of the Peat Marwick proposal ,,,,'ill be determined at the Board meeting. Funds for this contract are budgeted under 001- 013010. GROWTH MANAGEMENT IMPACTI': N/A. RECOMMENDATION.: That the Board of County Commissioners formally terminate negotiations with Arthur Andersen; authorize staffto commence negotiations with KPMG Peat Marwick for the annual auditing services agreement and authorize the Chairman to sign the agreement upon legal review by the County Attorney. > PREPARED BY: · ~ = ,, ~ ¢-"- ~'~ ' ,-- ' '":" Steve Camell, " Date Purchasing/General Services Director, CSM REVIEWED BY: Leo Oehs Jr.. Support Services Administrator Date 1998 ~. EXECUTD, rE SUMMARY TO ADOPT PROPOSED MILLAGE RATES AND TO ESTABLISH PUBLIC HEARING DATES FOR ADOPTION OF THE FY 99 COLLIER COUNTY BUDGET OBJECTIVE: To adopt the proposed millage rates as the maximum property tax rates to be levied and to establish public hearing dates for adoption of the FY 99 Collier County budget. CONSIDERATIONS: The tax rates hereby adopted must be provided to the Property Appraiser by August 4, 1998 for use in preparing the Notice of Proposed Taxes. Each Collier County. property oxvner will receive this notice, which must be mailed by August 24 under Florida Truth In Millage (TRIM) law. During the September public hearings the Board may maintain or lower millage rates in each taxing unit at the lex'el of the proposed millage rates. The millage rates may not be raised subsequent to this adoption, without meeting additional public notice and advertising requirements. The proposed millage rates and associated tax increases or decreases are included as attachments entitled "Property' Tax Rates - FY 99 Proposed" and "Property Tax Dollars - FY 99 Proposed". · The proposed General Fund (001) millage rate of 3.5602 represents a tax increase of 1.6% above the rollback millage rate. The proposed county-wide millage rate of 3.6015 represents a tax increase of 1.5°/; above the rollback millage rate. The proposed Unincorporated Area General Fund (I 11) millage rate of .5887 represents a tax decrease of 13.1% below the rollback millage rate. The budget in this fund assumes that a $1,053,100 payment will be received from the City of Marco Island for SherifFs road patrols within the Marco ci~ limits. To date, this issue remains unresolved. In the event that a payment from the City of Marco Island is not received, a corresponding expense reduction in the Sheriff's budget would be required. The proposed 4.2695 aggregate millage rate, which factors in all special taxing districts, is 1.6% above the rollback millage rate. The Board must also establish public heating dates for adoption of the FY 99 Collier County budget. Per Florida Statute, the Board of County Commissioners shall not schedule its hearings on the same days as the School Board hearings. The School Board will hold its budget public hearings on August 3, 1998 and September 17, 1998. Collier County has second priority in establishing public hearing dates. The recommended public hearing dates are Wednesday, September 9, 1998 and Wednesday, September 23, 1998 at 5:05 p.m. in the third floor boardroom in the Administration Building at the County Government Center Complex. The hearing dates scheduled by the County Commission and the Scho( be utilized by any other taxing authority within the county for its public hearings. No. ! GROWTFI MANAGEMENT IMPACT: None. FISCAL LMPACT: The proposed General Fund millage rate of 3.5602 represents a tax increase of 1.6% above the rollback millage rate. The proposed County-wide millage rate of 3.6015 represents a tax increase of 1.5% above the rollback millage rate, and the proposed ag~egate millage rate of 4.2695 represents a tax increase of 1.6% above the rollback millage rate. RECOblMENDATIONS: That the Board of County Commissioners: 1.) Adopt by Resolution the proposed property tax rates for Fiscal Year 1999 as detailed in the attachments; and 2) Establish September public heating dates for adoption of the FY 99 Collier County. budget. Submltted by: Approved by: Michael Smykowski, OMB Director ~>;.-~ ..~.-/_~.~ R6bert F.~ Femandez, ~C,~ty Administrator DATE: 7--2/- 5~n~'' AGENDA ITEM JUL 2 8 1998 Collier Count>.', Florida Propert?,.' Tax Rates FY 99 Proposed Prior Year r~rnd 77tie Fund No~: : ~ 7:' Rate .~ Rolled Back .... Millage Rate Proposed ~$ rdlage Rate Water Pollution Control 114 Total Count>' Wide Millage Rate :3:68t3 3.5050 0.0452 0.0430 3.7265 3.5480 3. o2 {1.(1413 -4.0% 3,6Ol 5 1.5% RoadDistrict I 102 0.1950 :: 77,;-~i'.i!~:'~:! I: n/a 0.00vO ~N/,A, Road District 2 103 0.I028 11.11978 o. 1163 18.9% RSadD~a 3.i .. 104 ...... 0.3658 0.2600 0.3900 : 50.0~ Road District 5 1o6 0.30 ! 6 o.2862 0.2195 -23.3%: UnincorpOraI~t Area General Fund 111 ' :0.572I:: ' . 0.6774 0.5887 -13.1% Golden Gate Community Center 13(I 0.3189 {I.3005 o.29~5 4).7% Marco Island Beaufifi ration 131 0.1670 n/a 0.0000 ..~N. 'lA Naples Park Drainage 139 0.1551 0.1455 0.0000 -100.0% 140 ":.!::~.?:-. 0.0000 0.0(W~0 .: 021097 #Nlra ~ 134 0.2421 (I.2370 0.1240 47.7%, I-~-,~..nqea. avla ~Park_D?inngL ,fification 136 0.5000 0.4799 0.5000 4.2%' t~e orCapri Fire . · 144 0.792.1 . '0.7344 0.7921 7.9% Ochopee Fire Control 146 2.6053 2.52'/1 4.00oo 58.3% Obllier County.' Fire 148 . 2.0000 1.4895 .. 2.0000 .: · 34.3% Radio Road Bmutification 150 0.5000 0.4842 0.5000 3.3% Sabal Palm Road MSTU 151 5.4544 4.9271 · 4.5090 -8.5%~ Lely Golf Estmes Bmufificntion 152 1.5{1{1{} 1.4772 1.5{100 1.5% Haw~ge $lormwaler Pumping MSTU 154 0.2236 5 0.2102 :~ 5::/::'(" 0.1114 -47.0% Forest Lake~ Road~vay & Drainage M STU 155 0.2457 0.2387 0.0000 -100.0% mmokalee B mutification MSTU 156 0.9995 1.0015 . 1.0000 -0.1% Bayshore Avalon Beautifi~tion 160 0.0000 0.0000 3.O000 #N/A Parks.GOB D~t Sm'icc 206:;:~t .5 i::i !??:::, · :i 0.0535 ' 0.0510 . 0.0495 Marco Island Coastal Beach Renourish 207 0.0000 n/a 0.0000 !N/A isi~!6r~ril~'luuicipal Rescue 244 ' ~::012074 ' ', !: 0.1923" 0.1510 .5.9% 0.2353 0.2275 0.1886 Collier Count' Lighting 760 Naple~ Production Park Street Lighting i7770 0.0065 0.0062 .. 0.0060 Marco Island Lighting 775 0.0564 n/a 0.0000 778 ..: ... 0.2768../.i:: ' 0.2670 ' ,, -17.1% #~/A ~SBaY MSTBU A~Rregate MillaRe Rate 4.4144 4.2030 ':0.~s~. ...... '7'~A AGENDAITEM N~.259~ 1.6% J U L 2 8 1998 pg. ~ Collier Count3', Florida Property Tax Dollars FY 99 Proposed P~ior Fztnd Tax No. Ddlarg Rol~.d Back Propo.~'d Tax T~,,: 5; Dollars Dollars Change G~ner~l Fund Water Pollutaon Control 0~) 1 71.892.3S6 74.gg3.137 76.062.400 I 14 gg2.7 ! 4 O 1 I4.6S0 1482.3 U0 7.tal Cot,hr). Wide Tax~ l.evied 72.775.100 75.801.817 7t~.gJ.4.70U 1.6% ~ .! Road Dimri~ l 102 0 wa 0 #N.'Ai {oad Dismct 2 103 64.2.916 688.396 1418.600 1 ~__n~__ Dis'trier 3 104 1.161.839 · I214,490 1,821,800 50.0%i ~.oad [hsU,cl 5 I Oo 386.300 4t)3.362 tJn~~ A~ Ge~ral F~d l I 1 g.396~9 g.~Sg.074 7.7243~ ,-t3, p~. Golden Gate Communi~' (.'enter 130 209.176 . I..741 214 3~ · Marco [sla~ B~u~fic~l~ 131 0 Wa 0 ~.'A ~lne ~dge lnduslnM Park lat~ ti 0 Golden Gale Park~ ay BeauU ficaO on I 3~; 1 ~.611 187.040 194.800 4. Naples P~n~ ' la~ 58.355 59.485 ' 0 Naple~ Pr~uction Park 141 a.gTg 5.049 6.800 3a lnle of Capri Hre 14~ - . 117,921 125.345 Ocho~e l::re Control 146 297.327 313.053 495.500 ~dio Road Beautificatson 15o 243.605 nn Sabal Palm R~ MS~ 151 .... : 29,811: : 30.050 27,5f~ l.el~ Goll E~ten Beau:tficat~on 152 102~86 102.550 ~wksndg¢ Sto~water Pumping M~ 154 ~,4'12: :: : 3,962 2, lt~ Foresl ;~ke~ Roata as & Drainage MSTU 155 22.311 22.368 0 -100.0~, ~, ~avshme As alon lleauttfica~tm 160 0 fl 548. Iff0 Marco Island Coast[ Both Renounsh 207 0 n a 0 =N A lsl~ of Capri Municipal Rede 2~ · 30,876 32,g21 Collier Count' LtghUng 760 566.951 579260 4802~ -17.1%~ Naplo P~. P~k Si. Lighting 770 1297 ] 338 t.3~ Marco Island Ligh~ng 775 0 n a 0 :N A~ Pelion ~y MSTBU 778 4~,5(~ 531,319 A ~ga~ Taxes ~,208,g~ g9.938~6 91 AGENDA ITEM No. ~ ? JUL 1 3 4 6 7 9 10 11 12 13 14 15 16 17 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 RESOLUTION NO. 9g - _ .... A RESOLUTION APPROVING TIIE COUNTY'S PROPOSED MILLAGE RATES AND SETTING THE PUBLIC HEARINGS FOR ADOPTION OF THE AMENDED TENTATIVE BUDGETS AND FINAL MILLAGE RATES AND BUDGETS ~,~,TIEREAS. Section 200.065. Florida Statutes. provides the procedure for fixing the millage rates: and WHEREAS. Section 129.03. Florida Statutes. sets forth the procedure for preparation and adoption of the budget; and WHEREAS. the Board of Count' Commissioners has rcccived and examined the tentative budgets for each of thc Count/,."s funds including all estimated receipts, laxes to be Icwied and balances ex'peeled to bc brought forward and all estimated cx-penditurcs, reserves and balances to bc carried over at thc end of thc 3'ear: and WHEREAS. Section 200.065. Florida Statutes. provides that thc Board of Count?' Commissioners shall hold public hearings to adopt the tentative budgets. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY CONhMISSIONERS OF COLLIER COUNq'Y. FLORIDA, that: 1. The proposed millage rates as set forth in the attached Exhibit "A" and incorporated herein arc hereby approved as the Coun~"s proposed millage rates pursuant to Section 129.03 and 200.065, Florida Statutes. 2. The public hearings to adopt the amended tentative budgets and final millage rates and budgets. respectively, pursuant to Section 200.065, Florida Statutes, will be held by the Board of Count' Commissioners on Seplen~ber 9. 199g at 5:05 p.m. at the Collier Count' Government Center. Administration Building. Third Floor Board Room. 3301 East Tamiami Trail. Naples. Florida and on September 23, 1998 at 5:05 p.m. at the Collier County Government Center. Administration Building. Third Floor Board Room. 3301 East Tamiami Trail. Naples. Florida. This Resolution adopted this 2S~ day of July, 199g after motion, second and majori~' ,,'otc favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY'. FLORIDA Deputy Clerk Approved as to form and legal sufficiency:. David C. Weigel Collier Count' Attorney By: Barbara B. Bero'. Chairman AGEN..Q.A No. JUL 2 8 1998 EXECUTIVE SUMMARY RECOMMENDATION TIIAT THE BOARD OF COUNTY COMMISSIONERS ENTER INTO A 'WRITTEN AGREEMENT '~VITH TIlE FLORIDA ASSOCIATION OF COUNTIES (FAC) FOR REFERENDLrM INFOR31ATION SERVICES. !~aF.,.CII_~ The intended purpose of this agreement is to authorize the payment of county funds to the Florida Association of Counties (FAC) for use by the Flofidians for Fairness in Court Funding (FFCF), to undertake a referendum campaign to encourage voter approval of an amendment to Article V of the Florida Constitution with respect to funding of the state court system. CONSIDERATIONS: Previously, the, Board of County Commissioners directed staffto draft and bring back an Ordinance to enable the expenditure of county funds to support the FAC in its effort to put before the voters an amendment to the Florida Constitution to require the state to fully fund the state court system and relieve county property taxpayers of much of that burden. In accordance with Section 106.011 Florida Statutes, a political committee, Flofidians for Fairness in Court Funding, was formed to sponsor the proposed amendment through the initiative process, as the proposed amendment was mired in the Constitution Revision Commission (CRC). Subsequently, the CRC approved certain proposed amendments to the Florida Constitution, one of which will alter the funding of tl,e state court system to require the state to more fully fund the system. The proposed amendments will be placed on the ballot for consideration by voters at the November, 1998 general election. The role of the FFCF has thus become to conduct a referendum campaign to increase voter understanding and elicit voter approval of the proposed amendment. The County will enter into a written agreement with the FAC/FFCF which delineates the obligations of all parties. Briefly, the County will pay the FAC, for use by the FFCF, $52,120 and will have oversight of said funds. The FAC/FFCF will undertake an extensive referendum campaign which will include, but not be limited to: o funding. Informing voters of the major public policy issue implicated in state court 2. Informing voters of the undesirable ramifications of continuiT to pay large portions &the cost &the state's court system. AGENDAITEM 1998 pg. ~, . 3. Informing voters of the merits of the proposed constitutional amendment to remedy the existing disparities in funding of the state court system. 4. Informing voters of the reasons why their individual and collective interests will be served by voting for the proposed constitutional amendment. 5. Use of direct mail and radio advertising and such other media as FAC/lq:CF deems appropriate and effective to disseminate information to voters on the proposed constitutional ~.mendment. The FAC/FFCF will return to the County, pro-rata, any unused funds within thirty (30) days of the conclusion of the campaign. Based upon Florida ease law. constitutional and statutory provisions relating to the home rule powers of counties and opinions of the Attorney General, counties may expend funds in support of a proposed constitutional amendment. FISCAL IMPACT: The maximum expenditure by the County is $52,120 from the reserves of the general fund. Specifically, Other General Administrative, account number 001-013010- 882100, previously approved by the Board in budget amendment 98-191. Any funds not used by the committee will be refunded to the County on a pro-rata basis consistent with the County's contribution. Should the amendment win voter approval, the County would be relieved of much of the burden for funding the state court system. GROWTH MANAGEMENT IMPACT: None. I~ECOMMENDATION: (1) That the Board of County Commissioners approve the expenditure ofS52,120 to the FAC, for use by the FFCF, to conduct a referendum campaign with regard to the amendment to Article V of the Florida Constitution with regard to court funding; (2) That the Board of County Commissioners enter into the attached agreement with the FAC and FFCF that sets out the obligations of all parties with regard to the referendum campaign and authorize the Chairman to sign same. Robert 1~. Zachaxy Assistant County Attorney 2 Date: AG EN DA ITEM No. q JUL 2 U lgg8 REVIEWED BY: Ramiro Ma~alich, Chief Assistant County Attorney Date: APPROVED BY: ISavid C. Weigel"" ~ County Attorney Date: h:gair~xSum. Referendum Contrac~-RNZ AG£N D~A JTI~M No. q(-~ - JUL 2 ~ 1998 AGREEMENT FOR REFERENDUM INFORMATION SERVICES THIS AGREEMENT is made and entered into this __ 1998 by and between Collier Count)', Florida. a political Constitution and laws of the State of Florida, (hereinafter, Association of Counties, (hereinafter, "FAC"). day of subdivision existing under the the "County"), and The Florida WITNESSETH: WHEREAS, in 1972, the people of this state approved a revision of Article V of the Constitution of the State of Florida to provide for a unified state court system and to avoid what was then a patchwork of locally financed systems of justice. However, the language of the revised Article V failed to speci~ the responsibility of the state to fund its court system; and '~VHEREAS, since 1972, the state's funding of its court system has not kept pace with the tremendous demands ofstatewide growth and increased criminal activity. Unfortunately for the citizens of this state, the burden of m~ing up the shortfall in court system funding has fallen increasingly on the shoulders of local county property taxpayers. Reliable estimates show that counties currently contribute over a half-billion dollars to the operation of the state court system each year. Counties expend $32 million annually to fund public defender conflict and overload cases alone. This means that 53% of the total expenditures for the state court system are borne by county taxpayers; and WHEREAS, counties have little control, if any, over the cost or administration of the state's court system as this authority is spread among the judiciary, the legis! of the court. Thus, contrary to principles of good government, the taxing power is severed fi-om the spcnding power to the extent that counties must pay ibr the state's court system; and WHEREAS, in the allocation of taxing power under Article VII of the Florida Constitution, counties do not have access to as many revenue sources as the State Legislature. All county tax sources are capped as to rates or are limited as to the types of programs and facilities that may be funded with each source. Other than ad valorem taxes, counties cannot levy taxes except ~s authorized by the Legislature by general law. In contrast, the Legislature may enact general laws levying taxes for its own expenditures and is not dependent upon asking another governmental entity to create additional revenue sources; and WHEREAS, the Constitution Revision Commission (the "CRC") recently approved certain proposed amendments to the Florida Constitution. The CRC will place those amendments on the ballot for consideration by the voters at the November, 1998 General Election; and WHEREAS, the CRC has approved a proposed amendment to Article V of the Constitution that will alter the funding of the state court system and relieve the counties and their taxpayers of much of the burden of the state court system and shift: that burden - quite properly - to the state. The amendment will require the state to better fund its system and relieve local taxpayers of much of this burden; and WHEREAS, the Floridians for Fairness in Court Funding, (hereinafter, "FFCF"), is a "political committee" established by the Florida Association of Counties ("FAC") pursuant to Chapter 106 of thc Florida Statutes for the purpose of conducting a referendum campaign to support an amendment to the Constitution to revise the way the state court 2 FFCF will provide information to voters about the proposed Article V amendment and will advocate the approval of the amendment at the General Election; and WHEREAS, counties have little control, if any, over the costs or the administration of the state court system. County revenue sources are limited or capped, and the costs of the state's court system are rising. There is a real fear of unequal justice throughout the state under the current funding mechanisms. The state has the revenue sources at its disposal to fund its court system. It is in the best interests of the taxpayers and residents of Collier County to revise the way the state's court system is funded as contemplated in the proposed amendment recently approved by the CRC. Accordingly, the Board of County Commissioners hereby finds and declares that an expenditure of County funds to inform voters throughout the state and encourage their approval of the proposed amendment to Article V of the Constitution of the State of Florida regarding funding for the state's court system serves a valid public purpose; and VVHEREAS, the Board is willing to enter into an agreement with FAC to conduct a public information c,'unpai~, through FFCF. to inform citizens and encourage voter approval of the proposed amendment. The County's payment to FAC/FFCF will be combined with payments or contributions from other counties, creating a pool of funds to conduct an appropriate and customary campai~ to increase voter understanding and elicit voter approval of the proposed amendment. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 3 AGENDA ITEM No._ ,a 2 1 58 Section 1. Cotmty Obligatjops. (a) The County shall pay to FAC for use by the FFCE the sum of Fifty-txvo Thousand One-hundred-twenty Dollars (S52,120.00) which is an amount that has been calculated based upon $0.27 per Collier County resident, using a County population estimate of 193,036 residents. Payment shall be made in one lump sum or in such substantially equal periodic installments as the County Administrator shall elect; but, in any case, payment of all amounts owed by the County hereunder shall be made in full on or before September 30, 1998. (b) The sum payable under subsection (a) shall be the entire amount to be paid by the County under this Agreement. The risk and burden of any cost overruns in connection with the referendum campaign shall be borne by FAC/FFCF. Section 2. FAC Obligations. (a) FAC. through the FFCF, shall undertake the referendum campaign which shall include, but not be limited to. the following sen'ices collectively for the County and the other participating counties: I. Informing voters of the major public policy issue implicated in state court funding; 2. Informing voters of the undesirable ramifications of continuing to force counties to pay large portions of the cost of the state's court system; 3. Informing voters of the merits of the proposed constitutional amendment to remedy the existing disparities in funding of the state court system; 4. Informing voters of the reasons why their individual and collective interests will be sen'ed by voting for the proposed constitutional amendment: 4 AGENDA IT. EM JUL 5. Use of direct mail and radio advertising and such other media as FAC/FFCF deems appropriate and effective to disseminate information to voters on the proposed constitutional amendment; 6. Opinion research and tracking as may be necessary or useful to the referendum campaign; 7. Solicitation of donations from other parties interested in voter approval of thc proposed constitutional amendment; 8. Retention and compensation of such lawyers, accountants, fund-raising consultants, pollsters, and other contractors, agents, and employees as may be necessary or useful for the referendum campaign; and 9. Any and all other actions necessary or useful to, and otherwise within the normal, customary practices associated with, a referendum campaign such as is contemplated by this Agreement. (b) In the course of providing services for ~he referendum campaign, FAC/FFCF shall use its best efforts to ensure that all requirements of Florida law with respect to elections, ethics. and other aspects of the referendum campaign are complied with strictly and that all information disseminated, by whatever media, is truthful and accurate and in no respects abusive or fraudulent. (c) FAC/FFCF shall use funds paid by the County under this Agreement to provide the services described in this Section 2, and for no other purpose. FAC/FFCF shall manage the funds in accordance with generally accepted principles of accounting applicable to nonprofit organizations. AGENDA ITEM J"' 7. 'L998 (d) FAC/FFCF shall provide to the Clerk of the Circuit Court a monthly expenditure report. In addition, a final accounting of all expenditures shall be provided to the Clerk. (e) FAC/F'FCF shall refund to the County any and all funds that are not used in accordance with this Section 2 on a pro-rata basis consistent with the County's contribution to FAC. Such funds shall be refunded to the County upon discovery of the improper use. (f) FAC/FFCF shall refund to the County any and all unused funds on a pro-rata basis consistent with thc County's contribution. Such funds shall be refunded to the County within thirty (30) days of the conclusion of the campaign. Section 3. General Accounting. FAC shall maintain adequate financial records concerning the expenditures paid by the County pursuant to the terms of this Agreement. Ail records shall be available to the County and/or the Clerk for its inspection upon ,~Titten notice to the FAC/FFCF. FAC/FFCF shall also submit any additional documentation requested by the County and/or the Clerk to complete its final accounting. Section 4. General Provisions, (a) bulemnification. To the extent permitted by law, FAC/FFCF shall defend, indemnify and hold harmless the County and its officials, agents, and employees from and against all liabilities, claims, judgments, damages, losses and expenses, including attorney's fees, arising out of or resulting from the acts or omissions of FAC/FFCF and its officers, employees. contractors, agents or assigns in connection with this Agreement. (b) Waiver. No failure by either party to insist upon the strict performance by the other of any covenant, term or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any su, h br~l~lq:iS/blIEt~h No. 6 covenant, term, or condition. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, condition, or term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach, except as otherwise specifically provided herein. (c) Time. Time is declared to be ofthe essence of this Agreement. (d) Integration. This document contains the entire agreement of thc parties, and no other agreement, statement or promise made by any party, or by any employee, officer, or agent of either party, which is not contained in this Agreement shall bind either party hereto. (e) Modifications. This Agreement shall be amended or modified only through written instruments signed by both parties. (f) Governin~ Laws. This Agreement shall be governed by and interpreted according to the laws of the State of Florida. The venue for any action at law or in equity brought under or concerning this Agreement shall be in the courts of Collier County, Florida. (g) Headings. Section and subsection headings and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret. define or limit the scope, extent or intent of this contract or any provision thereof. (h) /h,bigutties. Both parties have been allowed equal input regarding the terms and wording of this Agreement. and both have had the benefit of consultation with legal counsel prior to its execution, such that all language herein shall be construed equally against both parties, and no language shall be construed strictly against its drafter. (i) Notice. Ail Notices shall be in v~u'iting. AGENDA IT, EM No. JUL ,. 658 pg,_ ..Notice Notice to County shall be addressed to: Robert Fernandez Collier County Administrator 3301 East Tamiami Trail Administration Building Naples. Florida 34112 to FAC/FFCF shall be addressed to: Florida Association of Counties Floridians for Fairness in Court Funding I00 South Monroe Tallahassee, Florida 32301 IN WITNESS WHEREOF, THE FAC/FFCF and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above ,,,~vitten. DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman 8 AGENDA ITEM iiiii i i Ifil IIIII II IIIII IIIIIII (I) Signature FLOKIDA ASSOCIATION OF COD~TIES PnntecPTyped Narne (2) Signature By: Signatu~ Pnn:ed,'ry~ed Name Pnntedrl'yped Title (1) Signam:'e FLORIDIANS FOR FAIRNESS IN COURT FUNDING Prin:ett.'T)3~ed Name (2) S~gnamre By: Signature Primed. Typed Name Name Pnnted/Typed Title Approved as to form and legal sufficiency: Robert N. Zachary. Assistant County Attorney 9 AGENDA ITeM No. J~JL p& APPO~~ OF MEn.MB. ER(S) TO...T~I..~E BLA.C~_ ~FFAI.RS.. OBJECTIVE: To re-appoint 2 members to serve 4 year terms, expiring on June 25. 2002. on the Black Affairs Advisory Board. CONSIDERATIONS.: The Black Affairs AdvisoD' Board has 3 terms expiring on June 25, 1998. This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication betv,'een the minorities and Collier Coun~ Government and provides periodic reports to the Board of Count' Commissioners. A list of the curren: membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: .APPLICANT CATEGORY. DIS'r. ELECTOR. ADV. COMM. Vivienne Johnson Niehaus - Re-appt. 4 yes BAAB Eric E. Baird Re-appt. 1 yes BAAB COMMITTEE RECOMMENDATION: Eric E. Baird - Re-appt. Vivienne Johnson Nichaus - Re-appt. I have re-advertised for the third vacant position. ~FISCAL IMPACT: NONE GROW'rH MANAGEMENT IMPACT: NONE RECO.MMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to serve 4 year terms, and direct the County Anomey to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JULY 28, 19°8 Black Affairs AdVisory Board Home Pholte DateReoa£pt 2ttdExpDate Eric E. Baird 5784 Deauville Lake Circle· #B104 Naples· FL ~ ~c//,/~ District: 1 Categot3.': 263-5501 793-8604 10/08/96 06.'25;98 Rufus H. Watson z03-0355 550i Raalesnzke Hammock Rd., #208 352-2782 Naples, FL 34113 District: 3 Category: 2nd Term 2 Years Fitzgerald A. Frater 2011 River Reach Drive, Apt. 254 Naples. FL 34I 04 District: 4 Categoo': 591-0133 253-9171 i 2/02/97 06;'25.'01 _., Years Miche!Ie Charlene Austin 2030 Rookery Bay Drive. #1605 Naples. FL 34114 District: I Category: 774-8024 732-6061 09:23,'97 06'25.'0 t 4 Ye~s Vivimn St. Louis 585 14th Street North Naples. FL 34102 District: 4 Categoo': 282-7408 09/23/97 06,"25.,98 Robea C. Be:'mett 7065 Dennis Circle. # 103 Naples. FL 34t04 District: 3 Categoo': 352-021g I Year Hemw C. Tribble 532 ~allwood Street Marco IsI=d, FL 34145 District: I Categoo,: 642-4759 01/10/95 06.25.99 4 Years 01/10/95 06.'25 99 4 Years 06/25/91 06,'25.;95 4 Years 6/18195 06/25,'99 4 Years AGE N,D~. ~M NO. JUL 2 8 1555 Black Affairs Advisory Board Vivienne Jo'.~nson Niehaus 1515 Guifstm Drive South .-, Naples. FL 3-" ! ~, District: 4 Category: l~,'~rk Phone Appt'd Exp. Date Term Home Photte DateRe.appt 2ndE. rpDate 2nd Term 11/05/96 06,'25,.'98 2 Years 792-33.~g Karin E. English 3823 T,9.,'niami Trail East, "'~.-,_"~1 Naples, FL 34t 12 District: 4 Category: 09/23/97 061,..,'01 4 Years This 9 member bcsrd was created on May 14, I.C91, by Oral No. 91-38 & gi-77, to identi~ and evaluate prc~.~ems unicue tc the Black Community, review and recommend ways to ensure open ccmmun!ca:!cn t:~.':,veen minori~es and Co!lief County, Government and prov!de periodic repcrts to the Bcar~ cf Ccun,'y Commiss;oners. Amended on 08/13/91 by Ord. 91-77 to increase membership frcm 7 tcg member. Terms are 4 years. FL $T,4 T: nc, ne S/t/fi: Miche!le AmctC. Assistant to the County Mans.car: 774-8383 P~ge 2 of 2 JUL 2 8 1.,°99 pg, MEMORANDUM DATE: TO: FROM: May 27, 1998 VinelI Hills, Elections Office /~ Sue Filson, Administrative ASsismn~~''/ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Conunissioners will soon consider the following individuals for appointment to one of the county's advisoo' committees. Please let me know if those listed below are registered voters in ColIier Count}.'. Also, please list the commission district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Eric E. Baird 5784 Deauville Lake Circle Naples. FL 34112 Vivierme Johnson Niehaus 1515 Gulfstar Drive South Naples, FL 34112 Th-,mk you for your help. AGEN~ I .T~E M No../(;/7 _ JUL 2 8 1999 Memorancklm From: Date: Re: Sue Filson. Administrative Assistant to the BCC Michelle Edwards Arnold. Code Enforcement Director June 16,1998 New Member for the Black Affairs AdvisoD' Board [BAAB] On June 15. 1998, the Black Affairs advisor' Board [BAAB] reviewed the resumes that were submitted for the three (3) vacant positions on the BAAB. The Board was ve~' pleased to see the resumes for .wo of the current members and was impressed with the applicants' credentials for the third vacan: position. The BAAB recommends that the Board of CounW Commissioners make the following appointments: Initial Term,, Term, .Candidate Expir~ Expires, Vivienne Johnson Niehaus 6/25/98 6/25/02 Eric Baird 6.,25198 6/25/02 Jennifer G. Hines N/A 6f25/02 Pie-.se prepare the required documentation to present for the Board of CounD' Commissioners' approval at your earliest convenience. Additionally, please find the resignation letter for Michelle C, Austin whose term expired June 25. 1998. Ms. Austin ~'as an asset to the Board but does not wish to be re.appointed at this time. Thank you for your time. Code Enforcement' Department- NC) o~ JUL 2 B 1999 pg. _.~'" _ June I6, 1998 Collier Count' Commissioner Black A,"fa[rs Advisory. Board 3301 E. Tami~mi Trail Buildizg "F" Naples. Florida My appointed te.,"m on the Black Affair~ Advisoo' Board will expire in a few da.vs. This ie.':er is to info.,rn you that I will not seek to be re-appointed to the Board for the up-coming term. I v, ould like to take this oppormniw to wish the members of the Black Affairs AdvisoD' Board well h'~ ail :.hat its efforts for the up-coming term. Your voices and presence are important aspects of this corem=nit?', and I hope that the members continue wi~ their commitment to the needs of the communiD'. AGENDA P'g o.._,.~ RAND U M DATE: TO: FROM: May 27, I998 Michelle Arnold, Code Enforcemen~ DiOr Sue Filson, Administrative Assista~.'l .~' Board of CounD' Commissioners Black Affairs Advisory, Board As you know, we currently have 3 vacancies on the above-referenced advisor>.' 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: Eric E. Baird 5784 Deauville Lake Circle Naples, FL 34112 Vivienne Johnson Niehaus 1515 Gulfstar Drive South Naples, FL 34112 Please let me 'know, in v, xiting, the recommendation for appointment of the advisoD' commiuee within the 41 day time-frame, and I ,,,,'ill prepare an executive summa,->.' for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an.',' questions. please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Barnett. Id~ ForTheXg~~Li~' FAX TRANSM~TAL LOCATION: ~3 c_r(- . Number otJPages: sS"- tlucludmg cover ~t) COMMENTS: If you do not receive ail of the pages indic, axed or eXlX-rience transmission dit~cultT, please cont~t the BARNETT BA.N~ N.A. NAPLES P.O. Box 413008 Naples, Florida 34101 above se~dcr. AGENDA IT~:~4 .o.__7_t7 ?z. JUL 28 1999 Pg .___~-- Barnett Board of County Commissioners Arm: Sue Fi]son 3301 E. Tamiami Ira.il N~plcs, I:L 34112 May 9.7.2, 199~ RE: Black Affiirs Advisory Board Dear Sue: I wish to be considered for mother term to serve on thc Bieck Affairs Advisory Board. The existing members have a variety of ideas m~d sctivities plm-~-ted in order to add meanin.~ and value to the Bo~,~d and its cause. I hope to assist in continu~g to move for~rd. Following is a current resume. Please call me with any questions, Tb.~,~. you. Sincerely, Eric E Baird AVP, Corporate Banldng No._/ r~! / - 0 JUL 2 8 1999 I ERIC E. BAIRD 5784 D~uville Lake Circle Naples, Florida 34112 RESUME OF QUALP~ICATIONS Reddcnce: (941) 793-8604 Bminess: (941) 263-$501 Further develop skills as a corporate banker, preferably in corem_ crcial real cstaIc, o SUMMARY OF QUALFF~CATIONS Experience Successful background encom!~az~ responsibilities, skills and compctenci~ ia the following ar~s: Ivlnrkcting of commercial credit and non-cre~lit products and scrvices...crcafing and implementing effective m~cting strs~egies...drvising ~uccessful direct snd tclcn~rketin~ sales techMques...developing and ~.;-~L'~E good customer rcladons...securing new busLuess and increes[ng gaI~...exgabti~hlng s'~:Klg rapport with customers, supplicrs, employees and management...presenfing a positive image of the employer to the public. Management: Estsblisking and m,lnt~i,lng cost-efficient opet~onal policies and proccdur~s...iaventory pricing, control and im-pecting...coordinating diverse and dctailcd asp¢,,-'~z of day-to-ds.v opetahons in both office and mobile home park en,Aronments...supervising sales, office, tcmant znd scrvicc opcrations...document preparation for state and county agcncies...assuring quality controI...troubleshooting actual and potcnt~l problem areas and Lmplcmcndng viable solutions. Credit: Successful completion of Barnet~ Bank's Credit Analysis Tr,;-;-g · School...assist rcl,..fionship m~,,_,gers in underwriting basic and complex credit ~n~lysis reports for middle rn~rket and commm'cial real estate Ioans...mmlysis of various types of financial documents...use of WINFAST, Lotus, Excel and Microsoft Word spreadsheets/soflvem~...utili~tlon of various types of industry inform~on m assist in m~rkct rcscamh. Strengths: Strong negotiating, interpersonal, organizat/onal and communication sldlls...possess well-rounded variety of valuablc work experiencc...innate ability to handle clients and staff with m enthushsm that generates confidenze..~n ~nerg~¢, ambitious and depen~ble te~m playc~ ...professiov~ AGENDA in every respect. No._ ./~t~:' ff .- Jtlt. 2 8 1999 Pcj .~ ERIC E. BAIRD .Page 2- RESUME OF QU.tI,I'~CATIONS EDUCATI ON / CAREERTRAINTIh'G Successful completion of thc following: BBFs Corporate Relationship Manager's Academy BBrs Commercial Real Estat~ Institute BBrs Credit Anzlysis Trai~_ng School BBI's self-study ,Middle Market Command Seri~ Various commercial real estate ACT courses sponsored by BBI Joe Gugge~c'.'m's Low Income HousLng T~x Credit Taught "Re~ Estate Law" course throu~ AIB at Bam~-tt Office Park B.A. st [nd~a University in Bloom!-gton, Indimm Major. Economics PROI~$SIONAL F_I(PERTKNCE 1/96 to Present Barnett Bank, N~., Naples, Naples, Florida CONLMERCIAL REAL ESTATE RELATIONSHIP MANAGER Responsible for businea$ d~'elopment_.expanding, enhancing and maintaining ltl $80MM portfolio of cornm~'dal r~al esmm..aqsk identi fi carion...sales and service of credit and non-credit products... profitability_maintain asset quality and build partne~hips BBI partncrs...co~nr, unity developmcnt and leadership. 6/94 to 1/96 Barnett Bank of Jacksonville, ~lacksenville, Florida SENIOR. CREDIT ANALYST Independently spread fa~ciaI smtements...pcrform loan covenant compliance revicv~...prepare written c-edit ~-alysis reports on la.-ger and more complex credits for use in rrlak~g I~dlng decisions, Frim~ly wi?hi. commercial real csu~ section of the credit departmcnt.zevicw reports prepared by credit ,-alysts...acting in a junior relationship r,,~,gcr role by participating in customer calls and assisting relatio-~hlp man,er with the underwriting ofproj~'ts and r~cri~val of market comps and related data. AGENDA "°' JUL 2 8 199.9 O£RIC 1;'.. BAIRD - Page 3 - RESIJ'ME OF QUM.rFICATIONS 3/93 to 6/94 Barnett Bank of Lake County, Eustis, Florida CREDIT ANALYST Spread financial statements...perform loan covenant compliance reviews...prcparc written credit analysis reports on basic credits for us~ in making lending decisions.attend customer calls with relationsMp manager. 9/92 to 3/93 The Loan Center. Orlando, Florida ' LOAN ANALYST / TELEMARKEI'ER Suec~y telemmketed customers to ret%~nc¢ new/used automobiles, motorcycles, boats and airplanes...business generated through lower interest rates and veiding unn.ecess=y extended service wa.u-andes. 9/89 to 9/92 Baird Mobile Homes, Inc., Lecsburg, Florida SALES REPRESENTATIVE / SALES ,~AGER P~sponsible for sales of new and used inwntory on mobile home sal~ lot and various mobile home parks..~siH customers from drawing up plot plans to c,~or~g closings and procuring financing through various lending institutions and programs. 9/88 to 9/89 Bank One, Blooml-gton, N.A., Bloomington, Indiana CREDIT ANALYST Spre~rt;.n_ g and intcrryectation of financial statcmcnts...rcsponsiblc for study and proposal for a spre_~dsheet software pa~kage...created a d_~,_,base used in t~cki~g customer year-end fi~-cial staIement status..cm~;-mlned 650+ real estate contracts and client relatlons. 1t88 9/88 Fkst Natio~.ai Bank of Lou/svillc, Louisville, Krmtuck-y ACCOUNT EXAI'/I~*qER Responsible for examination of accounting records and invc-ntories of'asset based customers and address potential problem areas. PERSONAL DATA Birth Dam: Mm-iml Status: Health: Additional Lang~age,,s: June 4, 1962 Married; one child Excellent Spanish (moderate fluency) Excellent personal and professional references available upon request. ~o. / .a//-7. J U l 2 8 I9.99 /,;2_, VIVIENNE JOHNSON NIEttAUS P.O. Box 7195 Naples, FL 34101-7195 (941)596-0022 I May 7, 1998 Ms. Sue Filson Board of County Commissioners 3301 East Tarniami Trail Naples, FL 34112-.4977 RE: Black Affairs Advisory Board Dear Ms Fitson: I do wish to be considered for reappointment to the Black Affairs Advisory, Board when my term expires in June. My current r~sum6 is attached. I am the newly elected secretary, of the board and I also chair the sub-committee on Youth and Education. I am looking forward to a very active second term. VMenne Johnson N/'iehaus Black Affairs Advisor, Board VIVIENNE JOHNSON NIEHAUS P. O. Box 7195 Naples, FL 34101-7195 (941}596-0022 OBJECTIVE: To obtain a position in an educational field or a community sen'ice organization where I may make a difference and be a positive influence in the lives of young people. PROFESSIONAl-, EXPERIENCE: KRONE INTERNATIONAL, INC. Administrative Assistant "Private label product development. ' Shipt:ing and freight for export. "MI correspondence and office systems. * Invoicing and accounts. 1996 TO PRESENT AEROTEK TELECO.MMUNICATIONS SERVICES ~vstems Anab'st II ' Work closely with corporate clients to asses their telecommunications needs. * Analyze bl'aeprints and create station cable records for installation technicians. * Assign digital port usage. * Write database and program all stations and attendant consoles. ' Program Voice Mail and Automated Attendant. * Train all end-users including console attendants, ACD agents, Managers and voice mail users. 1995 NYNEX MERIDIAN SYSTEMS/NORTEL Systems Desist Specialist * Assess the telecommunications needs &each client. * Mark blueprints and create station cable records for the installation technicians. * Interface with the local Telco on behalf&the customer. * Assign digital port usage in the PBX. * Write database and pi ogram all sets and attendant consoles. * Program Voice Mail and Automated Attendant. * Train all end-users. * Responsible for time management and job profitability for multiple prOJects. 1990 TO 1993 SIEMENS TEl., PLUS Systems Desi~. z Representative * Write database for electronic key systems, Saturn PBX and Dytel Auto Attendant. * Train end-users on NEAX 2400, Saturn PBX and Octel voice mail. AGENDA,-ITI~I * Train Telecom managers on Comdev Call Accounting systems. No,_ / (/./'7 _ JUL 2 8 PO. /ty ,,, 1988TO1990 Vivienne Johnson Niehaus TOWER AIR, INC. [.'light .4 ttenda, t * Responsible for passenger safety and comfort. International airline, based at JFK. 1987 TO 1988 TRANSAMERICA AIRLLNES/TtL&NS LNTEILNATIONAL 1978 TO 1986 Senior Flight Attendant 198.5 to 1986 * Responsible for training and supervision of cabin crew; coordinating in-flight services and international immigration documentation procedures. Flight Attendant * International in-flight service. Responsible for the comfort and safety of passengers. 1978 to 1985 NEW YORK LIFE INSURANCE CO. Co~ltract Analyst * Write group health insurance contracts: provide regional sales support, 1977 TO 1978 EDUCATION & TRAINING CITY UNIVERSITY OF NEW YORK - BROOKLYN COLLEGE Bachelor of Arts Degree Major: Sociology/Psycholo~ NORTEL (SL-I) CERTIFICATIONS: "Meridian SL-I Feature Administration - XI 1 * Meridian SL-I Basic Automatic Route Selection - BARS Demonstrated Quahfications m: * Meridian SL-1 Stadata * Mcr/dian gL-I Hotel/Motel Feature Administration SIEMEN TEL PLUS CERTIFICATIONS: Station Administration Customer Relations * NARS (Network Routing) * ACD MAX * Meridian SL-I ACD (A-2) * Meridian Mail * Saturn II PBX 1977 APPOINTMEN'[ OF MEMBER(S) TO THE BO*/~" .RcD,,OE BULL? ADJUSTMENTS OBJECT!VE: To appoint I member to serve a 4 year term, expiring on August 9. 2002, on the Board of Building .4djtx~tment.~ and Appeals. CONSi DERATIONS: The Board of Building Adjustments and Appeals has one term expiring on August 9. 19°,8. '[his five member board was established by Ord. 83-16 (amended by Ord. No. 91-57); Repealed a.,d amended '~,j LDC. Div. 1.22.1 (Ord. 91-102, as amended) to hear appeals on rejections or refusals bx' the Buii:tir. g Code Compliance Director to approve mode of construction or materials to be used i~ cgn~tmctien or alteration of a structure. Membership consists of five members representing the l¥11owine professions: One state licensed architect or structural engineer; one Class "A" general contractor, one ~tate certified fire protective equipment contractor or State Certified Fire Fighter with the rank o~ Lieutenant o,' higher or State Certified Fire Safety. Inspector ~vith the rank of Lieutenant or hieher: one licea-,.ed el :ctfical contractor: and one licensed plumbing or mechanical contractor. .M~mbers must be. !.:~.owledgeable in the following Collier Count)' Codes: Standard Building Code. Electrical Code. Fire Prevention Code, Gas Code, Mechanical Code and Swimming Pool Code. The membership term is four years. The meetings are held quarterly, or on an as-needed basis. Members are required to file a Fnr,~ 1 Statement of Financial Interest each year with the Supervisor of Elections. This is a Quasi .ludicial Board. A list of the current rr,,:mbership is included in the backup. The tern~ for James D. Allen, Jr. will expire on August 9, 1998. A press release was issued and resumes we:e received fi'oln :" t.~.. following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Brian E. Jones State Certified Building Conn' ! yes NONE James D. Allen. Jr. General Contractor Re-Appt. (received late~ 4 yes Bd of Bldg Adj & Appeals Code Enf Bd COM:M IT7 EE ~ ECOMMENDATION: This is a Quais Judicial Board and recommendations are not accepted. Both applicants are qualified to serve as members on this Board. FISCAL IMPAC"f: NONE GRO~,~,'rtt MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of Count>.' Commissioners co~ider the applicants and appointment 1 member to serve a 4 year term, and direct the ComB' Av. omey to prepare a resolution confirming the ap?intments. Prepared By: Sue Filson, Administrative Assistant B,:,ard of County Commissioners Agenda Date: JULY 28, 1998 HO .~ COMMUNITY DEVELOPMENT ENWIRON'MENTAL SERVICES DIVISION BUILDLNG REVIEW AND PERMI'rrL~'G DEPARTMENT MEMO RAN DUM DATE: TO: FRO.M: June 29,1998 Sue Fiison, Adminislrative Assistant Board of CounW Commissioners Ed Perico, Director Building Review and Permitting Department Board of Building Adjustments and Appeals Brian E. Jones is a State Certified Building Contractor and is qualified to serve as a member of the board. James D. Allen. Jr. is a current member of the board but his resume was received on June 25. 1998 and the deadline was June 19. 1995. Board of Building Adjustments and Appeals GaD' F. Hayes 299 Airport Road North Naples, FL 34104 District: 4 Category: Plumbing Contractor Daniel J. Buhs 228 Tradewinds Avenue Naples, FL 34 ! 08 District: 2 Category: Engineer/Construction Kenneth W. Rodgers 2811 50th Terrace, S.W. Naples. FL 34116 District: 3 Category: Assists: Fire Chief James D. Alien. Jr. 116 Heron Avenue Naples. FL 34 i08 District: 2 Categor3': General Contractor Frederick L. Swetland. III 2164 Frederick Street Naples, FL 34112 District: 4 Category: Architect WorA Phone A£pt'd Exp. Date Term Home Phone DateRe-a£pt 2ndExpDate 2nd Term 643-243'1 08/05/97 08/09/01 4 Years 591-c9o0 070-3/96 08/09/00 4 Years 597-3222 020_7/96 08/09/96 Months 2/27/96 08~09~00 4 Years 6,:3.~600 08'09/94 08/09/98 793-6893 4 Years /"' 435-9482 08/05/97 08/09/01 4 Years 793.0300 This 5 member advisc,"y board was created by Ordinance No 9%102, as amended to hear appeals cn rejecticns or refusals by the Buitding Code Compliance Director to approve mode of construction o; mate, als to be used in construction er alteration of a structure. Membership consists of 1 state licensed architect or structural engineer. 1 Class "At general contractor, 1 state codified fire ;::~tc.-.tive equipment ccntracter or State Certified Fire Fighter with the rank of Lieutenant or hight;, cr State Codified Fire Satety Inspector with the rank of Lieutenant or higher. 1 licensed electrical ccntractcr, and 1 licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Collier County Codes: Standard Building Cede, Electrical Ccd& Fire Prevention Code, Gas Code Mechanical Code and Swimming Pool Code. Terms are 4 years. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. QUASI JUDICIAL Staff: Ed Perico, Eidg Review & Permitting Director. 643-8400 Page ! af ! I'll AGENDA IT,~M ~m~ JUL 2 8 pg. 3 1998 MEMORANDIJM' DATE: June 22. 1998 TO: FROM: Vinell Hills. Elections Office Sue Filson. Administrative Assistant.~, Board of County Commissioners Voter Registration - Advisor3' 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. BOARD OF AD.II/STMENTS AND APPEALS. Brian E. Jones '~ 121 Heritage Tr. Naples, FL 34112 COMMISSION DISTRICT Thank you for your help. /C: ?; JO L 2 B lggB pg._ F _ ! MEM0,RANDUM DATE: TO: FROM: June 22. 1998 Ed Perico, Building Review & Pen.'fittt~njg Director ! Sue Filson. Administrative Assist~-~')j',''~ Board of County Commissioners <./ Board of Building Adjustments and Appeals As you 'know, we currently have 1 vacancy 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 )'our review as follows: Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to se~'e as members on the board, and I ,,,,'ill prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an>' questions, please call me at 774-$097. Thank you for your attention to this matter. SF Attachments AGENDA ITE~ .o._ /C JUL Z 8 1998 June 16, 1998 Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Tr. Naples, FL 3411Z RE: ADVISORY COMMIT?EE POSITION Dear Ms. Fi]son; I would like to subrrfit my qualifications to you for consideration as an appointee for an advisory committee position such as the Planning Commission or Board of Building Adjustments and Appeals. ! arna thirty-seven year old native of Naples, graduating from Lely High School in 1979. I have attained a B.S. degree in finance from the University of South Florida. I am self- employed as Owner/Partner of Tarnia.mi Builder, Inc, founded in Naples in 1960. I currently hold a Florida Building Contractor: license and Real Estate Sales license. I have seventeen years exc~rience performing real estate and commercial and residential construction. I'am familiar w2.", the County staff pe~sormel and permit procedures. I w/il provide a statement of financial interest and other required documents if I am selected to serve. My motives are non-pecuniary. I desire to give back and do my part in the cortl.munity. Constructively, Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 941-643-5100 BSJ/km AGENDA IT~4 - JUt 2 8 1998 f Pg,,~ J. D. Allen fl~ Associates, Inc. 267 Airport Road South Naples, Florida 34104 94 ! -643-4600 Fax: 941-643-6937 June 23, 1998 Board of Collier County Commissioners Attention: Sue Filson, Administrative Assistant 3301 East Tamiaml Trail Naples, FL 34112-4977 Subject: Board of Building Adjustments and Appeals Dear Ms. Filson: I would like to continue to serve on the Collier County Board of Adjustments and Appeals. I personally enjoy helping the community that provides a living for our ten employees. You will find enclosed my resume and some company information for you review. If you have questions please feel free to call. Thank you for your consideration. ,No o~ J.D. Allen & Associates, Inc. COMPANY INFORMATION JAMES D. ALLEN, JR. ACCOMPLISHMENTS Medical/Dental Complexes, Retail Shops and Centers, Restaurants, Shopping Outlets, ~hior Hotd Renovation, Industfizl and Mznu£acturk'.g Facilities and Custom Homes. EMPLOYbIENT 1981 - Present J.D..Mlen & Associates, Inc. , President ~ Design/Build Gontractors Naples, Florida EDUCATION 1987 Florida Contractors Licmse (Udimited) , Bachelor O£Arctfitecmm (Uuiv~sity Of T~ssee, 1974) PROFESSIONAL MEMBERSHIPS ri Charter Member - U,T. Chapter Constru~on Spedfications Institute [l Chairman - Collier County Code Enforccme'nt Board B Board M~mbct - Collie~ County Board of Adjustments WORK EXPERIENCE 1974-1981: fl Vice President- Northeastern Log Homes 13 Design/Build Contractors 1969-1974 rl Draf~tmn - Goodstein, Hahn, Shore & Brinld~ 13 Architect~ 267 AIRPORT ROAD SOUTH · NAPLES, I:LORIDA 34104 PHONE 94t-64)-4600 * I~AX 941.645-6937 Major Architectural Projects since 1994 BANKS: Gulf Coast National Bank - US 41 Gulf Coast National Bank - Pine Ridge AmSouth Bank- Pine Ridge AmSouth Bank - Vineyards Citizen's CommuniW Bank- Marco Island 5,000,000.00 600,000.00 600,000.00 700,000.00 600,000.00 HOTELS: Best Suites of America - Montgomery, AL Best Suites Of America - RoCkfOrd, IL Best Suites of America - Jackson, MS Best Suites of America - Lake Charles, LA The Registry Resort - Naples, FL (renovations) 5,000,000.00 5,000,000.00 5,000,000.00 4,500,000.00 2,200,000.00 RESTAURANTS/CLUBS: Club Zanzibar - The Registry ReSOrt Club Oasis Papa John's Pizza (t~vo locations) Li~le Caesar's Pizza Charley's Steakery - Coastland Mall Outrigger Beach Hotel Quail Creek Country Club BraSS Pelican - The Registry Resort Hickey's Restaurant & Pub Neon Dragon Scoop's - The Registry Resort Tubby's Sub's 600,000.00 780,000.00 88,000.00 86,000.00 114,000.00 190,000.00 186,000.00 110,000.00 160,000.00 310,000.00 120,000.00 90,000.00 RETAIL/OFFICES: Pavilion Shoe Store West Marine Eckerd DrUg Store Brookside Marine Oleum Oil Corporate Offices 340,000.00 328,000.00 475,000.00 110,000.00 168,000.00 JUL 2 8 1998 ! pg._ ,2/'c , Architectural Projects JDA Cont. Page 2 RETAIL/OFFICES CONTINUED: Executive Offices - The Registry Resort State Farm Claims Office Collier County Developmental services Matter Brothers Furniture Goodwill Fuller Funeral Home INDUSTRIAL/MANUFACTURING: Madison Electric Naples Community Hospital (DSI) Accurate Auto Mid-Continent Electric Gerbus Industrial Arnold Industrial CHURCHES: North Naples Baptist Church North Naples Baptist Church (addition) MULTI-FAMILY/CUSTOM HOMES: Westgate at Imperial Weybridge at Imperial The Abbey Grand Bay Homes Stiles/Sowers SERVICE STATIONS: Randall Mobil Corkscrew Mobil 390,000.00 210,000.00 40,000.00 650,000.00 80,000.00 760,000.00 340,000.00 160,000.00 150,000.00 325,000.00 890,000.00 1,210,000.00 600,000.00 150,000.00 900,000.00 8,350,000.00 6,250,000.00 3,500,000.00 4,200,000.00 571,000.00 910,000.00 Pgo_ /// _ Architectural Projects - JDA cont. page 5 SERVICE STATIONS CONTINUED: curt Ashley Mobil ExXOn - ospreY, FL Exxon - Sebastian, FL Brooks Petroleum 657,000.00 ~0,000.00 742,000.00 960,000.00 J U L 2 8 1998 A Florcda Par~nersh:c J.,uly 25, i99-~ Port Royal Architectural Review ~ ~-;~ Naples, Florida 33940 To Whom it Hay Concern: I have known Jim Allen professionally for several years and find his work tc be of exceptional ~uality and at the highest professional level. To further demonstrate my confidence in his abilities, he is the architect of my new home and his construction company is building ny new hone. We are most pleased with the progress of our new home and look fo.--ward to mgving in November. i would be happy to reply to any questions you might have concerning Jim Allen as an architect or contractor. F~-_4 j r/ids cc: Jim ~llen Sincerely, ; land,'Jr. Assistant to Chzef -~xecutiYe Officer AGEND& ITeM JUL 2 1998 /3'_ P. O.'8OX 413038 - SUITE 200 · 26~ GOLDEN GATE PARKWAY - NAPLES. FLOI::;IOA 33941-3038 - AREA 8'13,262-2600 .;. · .. . ; ' ; I Ilil'ql III .................... 1111 RD' . DERS' 6~4ISi _ t...: CONCSRN: Over the past four years we have been closely associated with Tropical Design Group and Jim Allen. They have designed seven residences for our company that were constructed at Fiddlesticks Country Club and at Wildcat Run Country Club. OThey pew MyersiToyota Building for us.. We a!sc designed the Ft. High!y'reccmmend them fbr large custom residential homes and; light commercial buiidingg. Our experience with their company has been pleasant, professional and profitable for our company. ' We are iookinc forward 'to our continhed relationship with their : firm. : . ; · : Sincerely,' · ; : : ! ! . 11000.-43.. METRO PA-RKWAY · FOR.T. MYERS.'.FLO, RI'DA: .3391'2 .. 81'3.275. 11.,0. REAL ESTATE MARKETING CONSULTANTS June TO WHOM '~ I.~Y CONCE~4: i have had both a personal and business relationship with ov_~ the past four years ~en i first met Jim Jim Allen for ~ ~ ' Go_~ Estates ! asked him to design a development ~" Imperial that i was about to begin, called Weybridge. Not only did he design Weybridge, but Jim has worked with myself and the buyers customizing each and every hone to meet their individual needs. S~ce then Jim has designed two other deve!opmen~s for ~e. In my opinion, the greatest achievement and most personal satisfaction was the design and building of my personal hone· ,ii have lived In the home fcr s_ve.a_.months and must'admit that I have not had to call him or any c~ his sub-contractors back to the home. The home was buii~ cn schedule and in a very professional manner. Jim was always available ~o =~ke on site · .building decisions and had a keen eye for detail. i wo~d most definate!y reco=mena J~_m A!le~ as a con~ractor, · :a designer, ~nd; after all is said and done, a'good friend. Arthur Canada ~ " AG£ N~, IT~EM JUL 2 8 199B 4B00 Airl:x:,rt R~id/'Naple~sl Fl~Hda 33942 / {81~)) 263-774 !'.! F,~ (813) 263-73~.7'' December I4, i992 ,,, iii 711 I IIIII I ............. * .............. -rl 'REGISTRY Mr. Jim AEon J.D. /~cn & Associates Z67 A£-port Road South Naples, FL 33942 , , I TIlE REGISTRY RESORT NAPLES STAIRWAY PROJECT Dear JLm: I want to take this o?portunity following the successful completion of the st2ir renovation program to thank you foryour dedicated efforts, long hours and devotion to Thc Reg/st~'. We particularly recognize your individual effoFus to circumvent problems that were encountered during the design and completion ph, asea under a very tough timekame. My pcrso'n'aI thznl~ for your hhrd work. We look fdrward t0 doing many more ~rojecm wi.'.h your fine company. Please extend my thanks as well to Mr. Ed Buckler, your Construction ManageT. We value your friendship . ; : ! '~ch~ar.d-R. Nordyke Vi.ce ?resident :Desioma. a.ud Construction A.I.A. RRN:aln cc: Sue Lanphere AGENDA IT~EM JUL 2 8 1998 :; 16250 Dall~.~.P=riu~y, Suite I05 - .DaIIv~, T=a$ 752{8 I'2141 2tt84J, O0 Ftat ¢2141 2f18.8050 · ~ C. ,trier 1: ,,~ichnel l, Volpe Di$lric~ 2 T~mo:hy J. District 3 ' Bu~ L Saunders District 4 8et~e ~. ~a::hews District S~ !~01 [asl Tamiami Tra~l · N, ple$. l:lor~¢a 33962-4977 (~13) 774-8097 · Fa~ j81]) 774.3602 March 17, 1993 !{r. J. D. Allen, Jr. 116 Heron Avenue Naples, FL 33963 Sub=ect: Collier County Ccde Enforcement Board De~r Mr.. Allen: l~.e ta take this opportunity to congratulate you on ycur i would :" appointment to serve as a member of the above-referenced adviscry co~ittee. With all the time and effort unselfishly contributed by citizens.such as y~urSelf, I am confident that many issues can be successfully addressed. AgAin; congratulations and I am !ookingJf'o.--war_d. to workinc wit? you in the coming years, if I. may e~er be o-~a~stance to v~u in way, please feel welcome to contact m~/ /. · . Very/~ruly yours, : ' ' ,,_ ' ' ~ Tim~thy,"J. Constantine, Vice Chairman ' , ~ CommisSioner, District 3 . TJC: sf .: ! .: .NO .'~ ~f__~.~,~ p /'9, g -_ / ~XECUTIVE SUMMARy APPOINTMENT OF MEMBER(S) TO THE CODE ENFORCE~ BOARDS OB.IECTIVE: To appoint members to serve thc remainder of vacant terms on the Code Enforcement Board North and the Code Enforcement Board South. CONSIDERATIONS: These 7 member/2 alternate member boards are composed of. but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The Code Enforcement Board North has one vacancy expiring on FebruaD' 14. 2001. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Roberta L. Dusek, Alternate Realtor I yes Code Enf Bd N COMMITTEE RECOMMENDATION: Quasi Judicial - no recommendation. NOTE: If Ms. Dusek is appointed as a regular member, the Alternate position will be re- advertised. The Code Enforcement Board South has one vacancy expiring on February 18, 1999. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT Lewis P. Oxley, Alternate William T. Lewis, Alternate Jack G. Stirling CATEGORY DIST ELECTOR ADV. COMM. Subcontractor 1 yes Code Enf Bd S. Contractor 4 yes Code Enf Bd S. & CLB Realtor I yes none COMMITTEE RECOMMENDATION: Quasi Judicial - no recommendation. NOTE: If an alternate is selected to serve as a regular member, then we will need to appoint a new alternate to fulfill the remainder of the vacant term, expiring on February 14, 2000. FISCAL IMPACT: NONE AGENDA_ No. ?U 1598 GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the applicants zcquesting appointment and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: JULY 28, 1998 To: Date: Re: Sue Filson. Administrative Assistan; Board of Count' Commissioners M[chelle Arnold. Code Enforceme.~t Code Enforcement Department Jul)' 13, 1998 Candidates for Code Enforcement Board "South" and "North" Vacancy. The resumes for the applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY Lewis P. Oxley Subcontractor William T. Lewis Contractor Jack G. Stifling Reaitor Robena L. Dusek Realtor As you may be aware, both WiIliam Lewis and Lewis Oxley are currently serving as alternates on the South Code Enforcement Board and Robena Dusek is an alternate on the No~h Board. if you need further assistance, please advise. AGENDA I EH .o._/r; c.- _ JUL 2 8 1998 Pg.-_~ . , ,ounty L;oae b. ntorcement Board - North Name Work Phone Appt'd E.~. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Linda Griffin 4433 E. Alhambra Circle 2634187 Naples, FL 34103 District: i Category: ALTERNATE/Business Consultant 02/18/97 02/14/00 Years George P. Ponte 565 Augusta Boulev~d, Apt. 10 Naples, FL 34113 District: 1 Category: Retired CBS Employee 793-1370 02/I 8/97 02/I4/00 3 Years Dy'tel Delaney 457 Heron Avenue Naples, FL 34108 District: 2 Category: Realtor 594-1783 02/10/98 02/14/01 3 Ye~s James D. Allen. Jr. 116 Heron Avenue Napies, FL 34108 District: 2 Category: General Contractor Clifford Wesley F!c'.:al. Jr. 292 Baltustrol Dr;v( Naples. FL 34113 District: 1 Category: REGULAR/Reahor Mireya Louviere 5780 10th Avenue. S.W. Naples, FL 34 I.I6 District: 3 Category: Business Fred Mueller 765 Willow Brook Drive, #I501 Naples, FL 34108 District: 2 Categor3': Realtor 643-4600 03/16/93 02114/96 3 Years 793-6893 2/6/96 02/14/99 3 Years 774-9674 353-4334 06/03/97 02/14/00 3 Years 2/10/98 02/14/01 3 Years 07119/94 02/14/97 3 Years 2118/97 02/14/00 3 Years 261-1551 02/18/97 02/14/00 3 Years Wednesday, February 11. 1998 Page I of 2 ITEM JUL 2 8 1998 p~. .Lc/ Collier County Code Enforcement Board - North Robe:'ta Dusek 1635 Windy Pines Drive Naples, FL 34112 District: 1 Categoo': ALTERNATE/Realtor Wor,~ Phone Appt'd Erp. Date Ternt Home Phone DateRe. appt 2ndExpDate 2nd Term 77z-2428 02/10/98 02/14/00 2 Years Ch~ies M. Andrews 5960 Cypress Hollow Way Naples, FL 34109 District: 3 Category: Realtor 03/28/89 02/14/90 I Year 597-122,4 2/6/95 02:'14/9~ 3 Years This 7 member board was created pursuant to Chatter 152 cf the FL Stat. by Ordinance 88-89 and is composed cf. but not limited k:, individuals representm[; the occupatlons of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in pa.'t,, cn the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Fo,m~, 1 Statement of Financial Interest each year wit,h the Supervisor of EiectJons. Terms are 3 years. This is a Quasi Judicial Board. Tw¢ alternate members were ap=roved by Ord. ?5-78 cn FL $T.4 T: 162 Staff: Linda Sullivan. Ccde Enforcement D~re,""-' z03.2413 "0 Wednesday, February 1 !, 1998 Page 2 of 2 AG£ND& iTEM ~o. JUL 2 8 1998 Work Phone Appt'd Exp. Date Term Home Phone DateRe.oppt 2ndF. xpDate 2nd Term Dime Tavlor 3760 GolJen Gate Boulevard. East Naples, FL 34120 District: 5 Categor3': Civic Involvement 353-9444 02/I 8/97 0o.2/18/99 2 Years William T. Lewis 3416 Caloosa Street 732-8700 Naples, FL 34112 District: 4 Category: ALTERNATE-Subcontractor Maurice DeVito 64 Chm'don Place Naples, FL 341 i 0 District: 5 Categor3': Police Administration 594-10,49 04/07/98 02.;I 8/01 02/18/97 02/I 8,'99 3 Ye&-s 2 Ye~s Robert K. Loc'khan I361 Lake Shore Drive Naples. FL 34103 District: 4 Categoo': CMl Engineer 262-5986 02/I 8/97 02.'I 8/00 3 3/3/98 02/I8/0I 3 Yezrs Lewis P. Oxlev 14500 Tamiarr~i Trail. E.. Lot 217 Naples, FL 34114 District: I Categoo': ALTER.\'ATE,rRealtor 775-3518 02,"'18/97 02/! 8;99 Rhona E. Saunders 3770 Parkview Wav Naples, FL 34103 District: 4 Categoo': Bus:,,,:s~ Consultant 434-9230 02/18/97 02/18/00 3 Ye:'.'s James E. Lavins.ki 121 Versailles Circle Naples, FL 34112 District: 1 Categoo': Contractor 732~981 0~I 8/97 02/I 8/99 2 Ye~s .. Wednesday, April 08, 1998 Page I of 2 AGENDA ~f_..EM No. JUL 2 8 1998 uoll er uounty Uocle Enforcement Board - South Kath~'n Godfrey-Irwin 5021 BHxton Court Naples, FL 34I 04 District: 3 Category: Business Randy E. Me.,"rill 5140 Crayton Place. South Naples, FL 34103 District: 4 Categoo': Attorney [Vork Phone A£pt'd Exp. Date tlome Phone DateRe-a££t 2ndEx£Date 591-.c~.,8 03,'03/98 02/I8/01 435-907-' TeFF/1 Term 'fe~s 02;18 97 02/18 00 This 7 membefl2 alternate member beard was ester, iisi, ed on December 3, 199.3, by Ord. No. 78, pursuant to Chap:e: 162 cf the FL Stat. and is ccmpcsed of, but net limitied to, individuals representing the cc:u~ations cf architect, businessm~n, engineer, genera~ ccntractcr, subcontractcr and Re,lief and are considered, in ;an. cn the basis of experience cr interest in the ~reas cf tke cedes and crdinances to be enforced. Members are required ta file a Fcrm I Statement cf Financ~ai Interest each year with the S~;e~isar cf Ejections. Terms are 3 years This is a Quasi Judicial Eoard. FL ST.-IT: 162 Staff: ~ ~,,~' ..... Ccee ="'"-* ' ' ," -- ................ emen, D,re.,c.. 403-2413 April o& 1993 Page 2 of 2 MEMOR?~NDUM DATE: June 22. 1998 TO: FROM: Vinell Hills, Elections Office Sue Filson. Administrative Assists. t~"] Bo~d of County Commissioners Voter Registration - Advisor' Board Appointments The Board of Count.,,' Commissioners will soon consider the following individuals for appointment to one of the county's advisoD, committees. Please let me 'know if those listed below are registered voters in Collier Count2,.'. Also, please list the commission district in which each applicant resides. CODE ENFORCEMENT BOARD COMMISSION DISTRICT Lewis P. Oxley I.,.00 Tamiami Trail E.. Lot 2:7 Naples, FL 34114 Williarn T. Lewis 3'416 Caloosa Street Naples, FL 34112 Jack G. Stirling 2237 Kings Lake Boulevard Naples. FL 34112 Roberta L. Dusek 1635 Windy Pines Drive #5 Naples. FL 34112 /.05 ! Thank you for >'our help. AGENP, A ITEM JUL 2 0 1998 DATE: TO: FROM: June 22, 1998 Michelle Aa-hold, Code Enforcement~ Sue Filson. Administrative Assistant//.,."/ Board of County Commissioners,,~J" Code Enforcement Boards As you know, we currently imve 2 vacancies (1 on the South Board and I on the North Board) on the above-referenced advisor).' committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have auached the resumes received for your review as follows: Lewis P. Oxley 14500 Tamiami Trail E., Lot 217 Naples, FL 34114 William T. Lewis 3416 Caloosa Street Naples. FL 34112 Jack (3. Stirling 2237 Kings Lake Boulevard Naples. FL 34112 Roberta L. Dusek 1635 Windy Pines Drive #5 Naples, FL 34112 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to ser~'e as members on the board, and I will prepare an executive summar)' 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 .,,'our attention to this matter. SF Attachments 1998 18 .Tune 1998 ATTN: Sue Filson The undersigned is currently serving as an Alternate Member on the Code Enforcement Board, South. Your NDN article on open positions on Collier advisory boards did not indicate if the CEB vacancy was for the North or South Board. Should the vacancy indicated be on the Somh Board, request your consideration for my appointment vice by alternate status. LEWIS P. OXLEY · TI~ Cotlior ~ Co~ AGENDA ~TEM ~o. /~m ~ JUL 2 8 1998 TO: FAX: 7743602 FRON: LEWIS OXLEY FAX: 94177S3518 TEL: 9417753518 COI',,4HENT: JUL 2 ~ FAX COVER SHEET NAPLES BAY CONSTRUCTION, INC. 3416 Celoosa Nap/es, Fio~d~ Phone 84f-732-8700 Fax 94f.77~-465E SEND TO Cc~ y r, ame ~3~rd Of C~ Comm~o~='s 774-8097 i~ W~am T. Lewis 6116/~8 BCE South Fax r, um~e~ Phone number 774-3~02 732-870O AGEND.A ITEM JUL 2 8 1998 NAPLES BAY CONSTRUCTION, INC. 3416 Cab(:~ E~,~- Naa)res, F~ 34112 ~ 941-7'~2-8700 - ~a= 941-774-4658 1902 Re: ~lvisory Committees ~opl/cation for Pos~tloa Thank you for taldng time from your busy .schedule to ~ wi~ me regmllng the Ad~qso~. Committee Position I am ir, tarested in applying St. As I n:x::~:r~:l in our con--on, I em .~ekin§ the w~ po~on on ~e Collier C, oum~ CoSe E.-rf~ Board - Sc~fi. I zm prc~ndy a m~mbe~ ofd~t board as an a~ern=e a~l would llJce to offer n~y se'vk~ to ~! ~ present I have ~tacl~d a br~ summa- of my qualifica~om and cont~xl ~r n~ ~ k~ ~rm res/&e~c~ ~ ~'lllngne~s to se~e ~ cecm~ ~ to m~¢ a fcxvnidablc sra~m~-n as to ~,~y I sboukl be ap~_'~ as a mcmb~ to the Coil/ar County Code E~t'orccm~t Board. South. In clos/ng. I again wish to gaak you along with the Board o£Cou=ty Co-,-,;~,;ooea for your titr~ ~nd consideration ~, ~ ,,',-~',=. [ look fo**.'ard to con~/n'ui~ my serv'k,= ~o ColHet Couzrzy and tl:e Code ~ ~ S~cereb', Cc: BCCffi~ e~d: I AGENDA_iTEM J U L 2 8 1998 William T. Lewis William Mu'is smrt~l his professional career in 1977 as a licensed carpemer subconwa~or after finishing an extensive carpen~ apprenticeship school and obtaining registeredjoume~ carpenter smms in the Sta~ of Florich. Continuing as a carpenter foreman for one of the largest general contractors in Naples, Bill advanced through the company to management level on large commercial projects. He also led the Tenant Improvement Division of the comp, ny through various commercial developmem structures to a~hieve design tenant space. His knowledge of wotkSng w/th o~aers to provide their space requircmcr~ts yielded a diversified hands, on experience. Expanding his horizons, Bill accepted a position as senior project manager and eventually general manager with another construction indmtry leader. With his direction this firm was responsible for most of the new construction and facilities renovations for Barnett Bank of Naples. Bill:s most recent accomplishments include numerous projects for Collier Count'2' Government and Collier Count)' Public Schools. Other notable projects include the Gul£ Coast National Bank on Pine Ridge Road, Fuller Funeral Home and the Collier Coumy Medical Ex_~miners Fac~ity. Bill fs an active member in the community, and at present is an al~ointed bo of the Collier County Code Enforcement Board. a'd mqqrgI~M~DA .ITE~ 1 JUL 2 8 1998 Pg-. FL LIC. #CGC 040113 3416 Caloosa Street * Naples, Florida 34112 (941) 732-8700 June !5, 1998 Re: COLLIER COUNTY CODE ENFORCEMENT BOARD VACANCY. Ms. Sue Filson-Administrative Assistant to Collier County Administrator, Robert Fernandez. Dear Ms Filson, I am a registered voter and a home owner in Collier county since I982. I am a retired real estate broker from Illinois, and a inactive real estate salesman from the state of Florida. I was a civil service Code Enforcement Inspector II from the city of Chicago. I have (20) years of experience inspecting buildings for code violiations, writing up the code violiations, taking the cases to court, and testifying about them. The most notable inspection that I made and became a court case was WESTPHALEN vs. THE CITY OF CHICAGO. This case went up to the United States Supreme Court in 1982. The lower court prevailed and there is a vacant lot where this real property had existed. At the city of Chicago Loop College I took about (30) college hours of Architecture, Structural Design, and Code Enforcement Violiations. I am well qualified to read blue prints. I am honest, punctual, and I do not do ~o!itical favors. Sincerely, 2237 Kings Lake Boulevard Naples, Florida 34112-5328 tel: 774-654I AGENDA ITEM No._ JUL 2 8 1998 /j'"'.. mm f250 No~ Tamlaml ?ra3 Suite 101 ~a~.es. Ro~a 3~ f 02 ~J41.261-1111 g41-261 ~676 Fax TELEFAX TRANSMITTAL. TO: ~.~_ FAX: FROM: FAX: _ _(94I) 261-5676 ~LESSAGE: This Telefax contairm document, please call (94 I) 26I-111 I. pages including this cover sheet. If you do not receive the entire AGE ND~,I~EM No. / L./('. JUL 2 8 I998 pg. /~ L , ~,, 1250 Nor~ Tam;an~ Trad, ~01 N~,gs. Fica'ida 3~.1C2 e~41-26:.; 111 941-251-E$,"5 F=,x AGEND~ ITeM PROFESSIONAL PROFILE ROBERTA (BOBBIE) DUSEK 941-261-1111 941-774-2428 REAL ESTATE BROKER/PARALEGAL Licensed Real Estate Broker - State of Florida Lieanqed Real ~ Broker - State of New York Licensed Real Estate Broker - State of Petmsylvania Over sevmtem years ofe~erience National ParalegaI Certification - graduated "With Distinction" Formm' Flor/da and New York school teacher _ED_IJ~ATION B.S. Degree in Education, Florida Stalc University; C.W. Post College, L.I., NY(continuing education); W6stches~ Community College, Westchester, NW'(real esl. sm broker's course); Mercy College, Westchester, NY (ParalegaI National Certification recogniz~ by the ABA ). PROFESSIONAL ASSOCIATIONS & DESIGNATIONS NAR - Nationxl Association of Realtors FAR - Florida Association of Realtors NABOR - Naples Area Board of Realtors GRI - Gradtmte Realtors Institute CRS - Certified Residential Specialist RS Council - Residential Sales Council Government Affairs Committee - NABOR Code ErLforcement Board - Collier County North The Women's Network of Collier County A NATIVE FLORIDIAN i A GENDA,'..ZTEM ~o ~¢ovember 2~i~97 To: Randy E,Meriil, Chairman From:Maurice DeVito Subject: Conflict o~f In~mres~- Resignation I requested the Code Enfo?cement Directo? Linda Suilivan~to have a legal adviso~ check the Code of Ethics laws as related to my new positior, with Collier C~unty. Sub~equently~ my request was ~e%~lrned advising me~ I w~ul~ be in conflict ~ith Ethics law Therefone~ I tender my r-esign~tl~n effective £mmedi~teiy. I would like to th~n~., the Board for making my te-m a valuabl~, e?,pe-£e~ce in C~unty Government and in future .~ouid serve if I could, EXECUT]V~ $ U',MMARY RECOMMENDATION TO DECLARE A VACANCY ON THE COUNTY GOVERN'blENT PRODUCTIVITY COMMITTEE OBJECTIVE: To declare Julie E. Freeland's position vacant on the Count>.' Government Productivity Committee. CONSIDERATIONS: Ordinance No. 92-42, Section 4, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of'the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfacto~' excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter noti~', in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactoo' excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meeiings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member ora Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from the staff advising that Ms. Freeland has missed 6 consequtive meetings and has failed to return at least 6 telephone calls to her place ofwork and home. The committee is requesting that the Board of Count3.' Commissioners declare a vacancy on the committee. FISCAL IMPACT: NONE GRO~,¥TH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of Count>' Commissioners consider the recommendation to declare a vacancy on the County Government Productivity. Committee and appoint a new member to fulfill the reminder of the vacant term. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Date: JULY 28, 1998 AGENDA ITEM No. ~/_Y9 _~ Memo To: From: Date: Re: Sue Filson, Administrative Assistant Board of County Commissioners Ge. Pc Vincent, Budget Analyst !1, ..~'~,:,~' Staff Liaison to the Productivity Co~T~itte.~ / July 17, 1998 Vacant Positions on the Productivity Commi~ee As we discussed on the teIephone yesterday, I am attaching John Schoemer's letter of resignation ,'rom L".e Productivity Committee (PC). PJso attached is a copy of the letter that I sent to Julie Freeland concerning her removal from the committee. I have called Ms. Freeland at home and at work on at least six occasions. She was not available on any of those occasions, but I left messages for her to return my call. She ha.~ not returned any of my calls. In accordance with Sec'Jori 2-909 (b) of the Collier County Code, the Productivity Committee unanimously approved (9-0) a motion to declare her position vacant at their regular meeting on June 10, 1998 for failuro to att, end two consecutive meetings without a satisfactory excuse. As of this date she has missed the past six meetings. I mailed the ar, ached letter to Ms. Freeland on July 2, 1998 and have not received a response. Please prepare the necessary executive .~ummary for the Board to officially declare Ms. Freeland's position on the Productivity Committee vacant. Incluc~ing the two vacancies noted in this memo, the PC cu,-rently has three vacant positions. The PC ctesires to have the Board declare Ms. Freeland's position vacant and ap;:)o~nt tr~e three new members at the next Board meeting on July 28, 1998.' The recommenCation ;s being submitted on a separate memo. Thank you fcr you; assistance and please call me at ext. 8810 if you have any questions. I understand this is a short time flame and I will be happy to assist you in any way I can. No. JUt 2 8 1998 pgo ~ _ COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Administration Buildin.?. 2~ Floor, 3301 East Tamiami Trail. Na~les Florida 34112 Juts' 2. 1998 Dear Ms. Freeland. The Attendance Report presented at the June I0, 1998 Productivity Committee meeting indicates that you have been absent from the past 5 meetings. The committee understands the demands on a young professional's time and also understands that you have medical considerations that affect your ability to attend the committee meetings. However. being a member of the Productivity Committee requires a considerable commitment of time and effort. After considering your situation and attendance record, the committee decided that it would be in the best interests of both you and the committee to declare your position on the committee vacant. The committee unanimously approved a motion to vacate your membership on the committee. The Board of County Commissioners (BCC) will take official action to vacate your membership at their regular meeting on Juts' 28, 1998. If you submit a letter of resignation by July 15, 1998 this matter will not be heard at the July 28:i' BCC meeting. Thank you committee's endeavors. for your interest in Collier County Government and please accept the ~vishes for a speedy recovery, and future success in your professional Sincerely. Bill Neal Chairman County Government Productivity Committee APPOINTMENT OF MEMBER(S) TO COUNTY GOVERNMENT PRODUCTIVITY ........... , .... OB.IECTIVE: To appoint 3 members to fulfill the remainder of vacant terms. CONSIDERATIONS: This committee is composed of 13 members, one of whom is the vice chair of the Board of County Commissioners. The remaining twelve members are appointed by resolution of the Board of Cotmty Commissioners for a two year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views ofthe community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures &any or all parts of county government and m~ke recommendations for increased efficiency and cost-effectiveness. The committee ma.,,' also assist in the implementation of those recommendations. A list of the current membership is included in the backup. If the previous agenda item was approved, we have 3 vacancies on the County. Government Productivity Committee as follows: John R. Schoemer resigned effective June 30, 1998 Bernard L. \\'eiss resigned effective May 5, I998 Julie E. Freeland - requested that term be declared vacant on July 28. 1998 A press release was issued and resumes were received fi.om the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert M. Cahners Property. Mgmt & Bs Pub 4 yes none Robert C. Bennett Exec Mgmt & R.E. 3 yes BAAB & Ufil Authori~' Charles S. Moss. Jr. Mgmt & Marketing I yes none Wol~g B.P. Schulz Exec Mgmt & Financial 3 yes none Donald Campbe!l Exec Mgmt 2 yes none COMMITTEE RECOMMENDATION: Robert M. Calmers, expiring on 02/04/00 Robert C. Bennett, expiring on 02/04/00 Charles S. Moss, Jr., expiring on 02/04/99 NOTE: Robert C. Bennett is currently serving on 2 committees; however, he has agreed to resign from the Black Affairs Advisory Board if appointed to this committee. AGENDA I I~M No. JUL 2 8 1998 FISCAL IMPACT: NONE GROWTIt MANAGEMENT IMPACT: NON'E R-ECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint members'to the Count],- Government Productivity Committee; and. direct the County Attorney to prepare a resolution confirming the appointr~ents. Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: JULY 28, 1998 AG E N D/~j~Z T_..E.~ No._/6-./~ J U[ 2 8 1998 Pg., ~ Memo To~ From.' Date:. Re:. Barbara B. Berry, Chairman. Board of Commissioners. Commissioner District 5 ti j / Gary Vincent, Budget Analyst I1~,/~! Staff Liaison to the Productivity COmmittee July 17, 1998 Recommendation for Filling; Three Vacant PositJcns on the Committee The Collier Cour, ty Government Productivity Committee has reviewed five applications for the three. vacant positions on the committee. The epplica,qts were evaluated based on their potentiai con~bution to the commi~ee. T'ne Productivity Committee has recommended the following applicants for appoint~,ert, t to ne committee. Name Area of Expertise Robert M. Cahners 4535 Lighthouse Lane Naples. FL 33962 Property Management and Acquisition, Business Publis~,?..c Robert C. Bennett 7065 Dennis Circle #103 Naples. FL 34104 Executive Level Management, Executive Sear~ and Management Consulting, Distribution, Real Estate Chades S. Moss, Jr. 990 Cape Marco Dr., Unit 607 Marco Island, FL 34145 Management. Marketing and Marketing Manacjement, St,-atecjic Business Planning, Culture Adaptation and Modernization ~-.'~e following two applicants were not recommended by the Productivity Committee and are listed in order of preference. Name Area of Expertise Wolfgang B. P. Schulz 260 Lambton Lane Naples, FL 34104 Executive Level Management, Financial Operations, Reorganization Management, and Cost Reduc'Jon Donald Campbe!l 6849 Grenadier Boulevard Naples, FL 34108 Executive Level Management, Operations · PaGe I AGEND~ ITE_~L JUL 2 8 I,.°98 All applications are on file in the Office of Manacjemer, t and Budge!. Please call 774-8810 If ycu require additional info,,Tnation Sue Filson, Administrative Assistant to the Board of Coun,'y Commissioners · Page 2 AGE"~ I~F.~ NO JUL 2 B 1998 Work Phone Name Home Phone John R. Schoemer {~-'5 ,,~ ,., -g 6075 Pelican Bay Blvd...'--.'501 DorchestSSS-2483 Naples, FL 34108 District: 2 Categoo': Accotmtm%q3 usinessmmn Julie E. Freetmnd atCr[a,e w.~--" 84-c--~0z0 2021 Frede~ck S~'eet 77,4-0583 Naples, FL 34112 District: 4 Category: Laud Pian. nin~'Civii Engineer Appt'd DateRe-a£pt 01/28/97 02/I 7/98 Bill L. Neal 3839 Clipper Lane Naples. FL 34 ! I2 District: 4 Categor3.': Retired Businessman 774-6325 I 1 ~07/95 2/17/98 John E. Stockton 2230 Rovai L~e Naples, fL 34112 District: 1 Categor3.': Retired Businessman 774-0902 I 1/07/95 2/17/98 Ma. rio E. Delgado 384I 3 ist Avenue. S.W. z55-02z2 Naples. FL 34117 District: 5 Category: Economics:Business Admin. Be:'r,=d L. Weiss fC$1~r, er..L 13455 Pond Apple Dr/ve 594-7772 Naples, FL 341 I9 District: 5 Category: Retired General 0 9/16/9 7 03/26/96 2/17/98 Edward V. Oil 5912 Cranbrook Way I-i-206 Naples, FL 34112 District: I Category: Attorney 775-0968 01/28/97 2/17/98 Exp. Date 2ndExpDate 02/04/99 02104/00 02/04..'96 02/04/00 02/04/96 02/04/00 02/04,'99 02/04/98 02/04/00 02104/98 OW04/O0 2nd Term 2 Yem's 2 Ye~s 3 Mo. 2 Ye~s 2 Mo. 2 Years 2 Ye~s 2 Years 2 Years 1 Year 2 Years }~/ednesday, FebruaO. 18, 1998 Page ! ors AGENDA ITEN._ NO JUL 2 8 1998 ounty overnment Productivity Committee /Vame ;;~r/~ Phone A£pt'd Exp. Date Term Home Phone DateRe-a£pt 2ndEx£Date 2nd Term Edward T. Ferguson 215 Silverado Dr/ye Naples. FL 34119 District: 3 Categoo': Bus!ness Mg.mt'Educafion 02&8/95 02/04197 2 Years I/7~97 02/04/99 2 Years Karl J. Otto 901 Collier Court. No. 5-201 Marco Island, FL 34145 District: 2 Category: Retired Engineer 11/07/95 02/04/96 3 Mo. 642-3798 11/7/95 02/04/98 2 Years Robert D. Laird 1765 Courtyard Way. #205-C Naples, FL 34I 12 District: 1 Categoo': Real Estate.qnsurmnce 07/16/96 02/04/97 I Year 793-0~33 1/7/97 02/04/99 2 Years William E. Ebben 12254 Colliers Rese:we Drive Naples, FL 34110 District: 2 Category: Corporate Executive 592-1158 Pamela S. Mac'Kie 77a.8097 3301 E. Tamimmi Trail Naples. FL 34112 District: 4 Category: BCC Vice Chairman Designee Charles E. Getler 6855 San Ma.dno Drive Naples. FL 34108 District: 2 Category: Business Management 598-1850 1Z'09/97 02/04/99 02/03198 01/06199 07/16196 02/04/97 I/7/97 02/04199 I Year I Year I Year 2 Years Wedne~#a)., February 18, 1998 Page 2 ors ~',$ ~ NDA/j.~E.~ ~o. J U L 2 8 County Government Productivity Committee Name Work Phone Appt'd E.~. Date Term Home Phone DateRe. appt 2mlExpDate 2nd Term This 13 member c,~mmi~ee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. ~3-13 & ~c~5-10). The ccmmittee is composed of 13 members, one of whom is the vice chair of the BCC. Commi,~ee members are required to ~ossess special expert/se and exj::edence raja:ed to managing far.ce cr.canizations, and must be baianced in representing the views of the ccmmunity. The c~mmittee reviews the e~ciency cf de.cadments of County Government under the jurisdiction of the BCC. The ccmmittee may analyze and review existing structure, cr.canization, staffin.c, mane_cement, functicns, business Fractices, and procedures of any cr a!J pads of coun~ [;cvemment and make recommendaticns fcr increased efficiency and ccst- effec:Jveness. They may aIso assist in the implement~tic~ cf those recommendations. FL $T,4 D Staff. Gary Vince::, Eud.cet Analyst Ih 774-8810 tYednesday. FebruaO. 18, 1998 Page 3 of 3 AGEND~ -~TEH J LIL 2 8 Pgo_ MEMORANDUM DATE: June 22. 1998 TO: FROM: Vinell Hills. Elections Office ~ Sue Filson. Administrative Assistan~/.-~' Board of Coun:y Commissioners ~--J' ' Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisor, committees. Please let me know if those iisted below are registered voters in Collier Count3.'. Also, please list the commission district in which each applicant resides. COU,~TY GOV'T PRODUCTIVITY COMM COMMISSION DISTRICT Donald Campbell 6849 Grenadier Boulev~d Naples. FL 34108 Robert M. Cahners 4535 Lighthouse Lane Naples, FL 34112 Robert C. Bennett ~,)e ! [ 7065 Dennis Circle #103 Naples. FL 34104 Wol~ang B. P. Schulz 260 Lambton Lane Naples, FL 34104 Charlie Moss 990 Cape Marco Drive, Unit 607 Marco Island, FL 34145 Thank you for )'our help. AGENDA ITEM JUL 2 8 lgg8 JOHN R. SCHOEMER ~n:~cmen ~CC~t my ~signa~ion from ~hc P~t~cd~5, Co~m~ll~. ~licd for Ibis ~sition. I failc~ ~o ~ :he am~nt of time and t~vel ~ha~ I ~ld ~ s~nd;n~ on cx~s~ng pa~-t~m: work ~hcdule Unfo~tna~ely. I h~vc ~cn swam~d, and as a ~lt ~vc m~s~ of thc Commli~ mc~in&s. I had ho~ lo ~me Io {h~ July ~c:fing. ~ ~ow havc a conill::, a~d [ kn~ thn: I will miss l~e A~dsi an~ Scplcm~r m~:ings. In Ih~sc c~r~mstan~s. I~.c only thc g~ ~ork a~d ~ you ~or cvc~hmg. No. JUL 2 8 lgg8 DATE: 3'une 22. 1998 TO: FROM: Gatt Vincent. Budget Analyst II /fl/~ Sue Filson. Administrative Assist.ant,q%,'f ' Bom-d of Counw Commissioners ~"'---- Count',' Government Productivi~' Committee As you 'know, we currently have 1 vacancy on the above-referenced advisor' 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: Donald Campbell 6849 Grenadier Boulevard Naples, FL 34108 Robert M. Calmers 4535 Lighthouse Lane Naples, FL 34112 Robert C. Bermett 7065 Dennis Circle ~I03 Naples. FL 34104 Wolfnan,, B. P. Schulz 260 Lambton Lane Naples. FL 34104 Charlie Moss. 990 Cape Marco Drive, Unit 607 Marco Island. FL 3~ Please let me know, in writing, the recommendation for appointment of the advisoo' 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. AGENDA ITEM sr "o · :-,ZO-'~- Attachments J U L 2 B 199B AGEND~ ~T,T .F-.~4--- No._ /' (.C ,'~ . J U L 2 8 I998 C tILL ................ I~LI Fax Cover Sheet Date Number ofpa~es including cover To: From: St. ' ~ $.~ /l, C~o,,~ 6849 Grenadier Blvd. ~o4-r~o caf- e-o,a~,-~,. ~~;.~.~ Naples, FI, 34108 Phone Fax Phone Phone n~, ~ , ~, Fax Phone 941-592-I335 cC; Remarks: _ Urgent _ For your review _ Reply ASAP _ Please comment JUL 2 8 1998 Memo To: Sue Fiison. Administrative Assistant Board of Coun~ Commissioners ~¢om: -Gary Vincent, Budget Analyst II, ~.,~,~'~aff Liaison to the Productivity Commi,~ee Date= '"3une 18, 1998 Re.' A2olic~ticn fcr Vacant Pcsition on the Productivity Committee I've s2oken to Rcbe~ Cahnem on the telephone and he requested- ~at I fcr".ve, rC his resume as aD=tic'riCh for the vacant position on the Produc:ivity Commi~ee. Please include the a=ac.hed resume w~th the group of appticen[s. 'Fnank you for your assistance and please call me at ext. 88~0 if you have any quos:ions. Robert .~L Cai'reefs .1535 Li~thm:s~ Lane Naples, Florid~. 33962 Tel. t941) 793-457'4 1980-82 Associa:~ Dirvceor of Pro?er1>' 3far. agert:era The Beal Compgni~s, Inc. treaI estate dcve}opm-.nt, rnanagcmcnt and consutt;ng '~ Respo:.s:.hi¢ ,or gae le.u'u-~g -..nc~ managen:..e.'a of a s,:~::mti-'.l B.-,s:en ot'fi~ bu~diz,e. .~r*dotio. Preddenc & CEO The Cahnecs Comnaaies, Ir~. e,~fl est~:e development ,.md management} T:,.~ compar, y s.oec:.Miz, e~ in ~.c rrnovafon of sub.',rban Boston comm. c.mial rc. ai e~:~'.,'. ~ L~d managed l.S .miil:.on .q.lu&m Ice.' of ca=m~..'.'.'.'.'.'.'.'.'z~,a{ qr:ao:. t'r~.d, ra & CEO Kendall Financial Coq>or=tion ;.equipment lea.sing) Thc :ompany leased, cqui.~cra cf dj :yp,:: to b.,._q.-?_~s and medicai .... 1990-~nt Pres/dent & CF.,O The Hanover Group, Inc. t, busin~s.s p'dblisl,.ir~ ~nd editorial de~'¢lcpment} ~. :. ,..-...y F~ b,a~r.~ cficn~ e'~; .... i =2:~.~ re' m~g~'A~ .... wsle... ~ r~wsp~ ~c~s am ~s~::~. ~;~m an~ p~.i~A m ~c pcblK~dcns m a ef fc~:s irxludLng Commurfity Activities Cha/.,man. Board of 12Y. tvzc~ra. Mc=owe. q: C.haant'cr Ot Cc, mme.'z.- - F.-aming.".:x.m. Ck :aL-man. B.",ard of Trustr2s. ~ar, ft,,r'A~ M..sc:'.---.. of Act - F.'-amL'~gh-m. Mass. CLzirm~.'~. Um -~.d Way of Bo~.,~. of Tmsrz.cs, FrzrnLr'.g.ham $~ Cogege - F.-,_mi'.~g.ham. Mass. Dozrd of Tru.s:ffa:s. Ne~,qo~. W¢il,:sley ~osp;t~ - Ncu, to~, Ma.ss. Board of Trus:~cs, Wang Ctnt~r far ,,,he Pe.,¥orm:r:g A."r.s - Bostcr.. Ma.ss. AGEND&.~T~ J U L 2 8 i998 Communlt..'- Activities (cor~zl.nu~l) Mcmbcr of ~c Co~or'.uion. Northeas~m U=ivc.'~ty - ~o,ston. Ma.~s ~oas~ ~f ~r~',ers, Amc.~can Cas~ccr S~icz~ .',M~t~e,x Chap:r; - Fm~g~m. Mms. Bcm~ of Di~m~. S~uns of Mi~I-~ex Ceun:~' - Fr~:ngh~. ~I~s. ~om~ o5 D~tc~..~'adoazI ~~e of C~a~n~ ~d k'~s - Bo~oc. Mass F_,d~on Dzr'c~. outh Ccllcg¢, .~B. 1964 Harv~,'~ Busi.~c.~ School. M.B,A. ,'vtili -tarl,. U.S. Co~: G~:a~d 1971 (Hon. A G E ND~,~I V~,i No. JUL 2 8 1.,°g8 ROBERT C. BENNETT 7065 DENNIS CIRCLE #103 NAPLES, FLORIDA ;14104 (941) 352-0219 FAX (941) 353-7719 email: b~l~bcnne a June 17, 1998 Ms. Sue Filson Board or'County. Commissioners 33oi Tamiami Trail East Naples. FL 34112 Dear Ms. Filson: Please accept this as my application to serve on the County Government ProductMty Committee. I have been a management consultant for r~any companies and have been CEO of a substantial company. I have served as a Senior VP of a Fortune 500. My background lends itself well to studying the efficiency, of operations. Attached is my resume. Sincerely you ~y..~ Robert C. Bennett AGENDA ITEM JUL 2 8 lgg8 ROBERT C. BENNETT PRESENT BUSINESS EXPERIENCE: President, Bennett Search & Consulting Co., an executive search and management consulting firm, successor to Bennett-Hill & Associates, Inc. President, Bennett Swim Consultants, Inc. Master Distributor of UltraViolet technology for the disinfection of water in swimming pools, spas, cooling towers and waste water plants. PAST BUSINESS EXPERIENCE: Executive Vice President and Board of Directors, National Electric Products Corporation, Pittsburgh, PA.(OTC), Nepco Realty Corp. and Nepco of Canada, Ltd. President/CEO Wheatland Electric Products Corp., Pittsburgh, PA. Senior Vice President, Bell Intercontinental Corporation (NYSE), New York, N'Y. later known as Wheelabrator F~'e. Vice President of The Equity Corp.(ASE) which owned control of Bell. Officer and/or director of Bell and Equity. affiliates, including Pacific Industries, Inc.(ASE),, Real Estate Properties of New York., The Garden City Company. Intex Oil Inc. (ASE). Acorn Chemical, Inc. and the Chicago, Aurora and Elgin Railroad. President, Bennett- Hill & Associates, Inc., an executive search firm with offices in Naples. Cleveland. Chicago, New York, Boston, and Dallas. Board of Directors of Alarmos De Mexico and lndustria Stookey, Mexico City.. Vice-Chairman of the Board of the National Association of Executive Recruiters. Young President's Organization CYPO). Present member of YPO 49. Yale University Industrial College of the Armed Forces American Management Association General Management Course and later a principal lecturer U.S.Navy Lt.(jg) I COMMU~"ITY INVOLVEM'ENT (PAST AND PRESENT) One of five Board members of the ~,Vater and ~,Vastewater Authori~' of Collier County., FL. Board of Director's American Cancer Society.. Board of Trustees. Southwest Florida College. President and Board of Trustees, Yale Club of Southwest Florida. President, Beta Theta Pi of Southwest Florida. Board of Governors the Naples Bath and Tennis Club. Board of Directors, Florida Tennis Association. President, Pittsburgh Tennis Association. Vice President, Middle States Section of the United States Tennis Association. ~[ember, Collier CounD' Citizen's Advisory Board to Collier CounD' Commission. Vice Chairman of the Black Affairs Advisory Board of Collier Coun~ Commission. Vice President and Board of Trustees, YSICA of'Collier County.. Graduate Collier County. Sheriff's Citizen's Academy and nine Advanced Academies. Sheriff's appointment as a Civilian Volunteer. Editor of Badge & Key Sheriff's internal newspaper. Appointed as one of the Sheriff's Commissioners. Coordinator of the Citizen's Academy Graduate's Network. A%'ARDS Outstanding Young Man of Pittsburgh Award of Time Magazine and Chamber of Commerce. Paul Harris Fellow. AYA (Yale UniversiD' Alunni Association) Outstanding Service Award. Swimming All American. 9/97 AGEN.~, JUL 2 8 1998 - June 15,199g ~ Assistant Ms. Sue I:ilson, Administrative Board of Co~' Commi~ione~ Naples, ~ 34112 .- In t~y's N~plcs D~ly Nc~ th co~W is s~king applican~ for ~o commi~e~ I ~ p~mcuI~ly interested in ~d well q~lified: The Count' Gove~ment pr~acfivi~' Commi~ ~d ~he ~dio Road ~utifi~fioa Advi~ Commi~. ~ ~ a Collier Co~' ye~-ro~d ~~t residem ~nfl live in ~he B~hirc ~es · abu~ ~dio Road. I ~ a re~ste~ vo~er. A few monks ago ~ su~N~sion ~fach in favor of the s~cial m~ici~l seMce ~x ~ssment to ~d up the ~a~ficafion Radio Ro~& ~d would like ~o ~ ~hat goal accomplished s~ly. ~ f~ m my backDO~ ~fl ex~ficnce is concem~ I~ me ~ve you ~ brief s~m~'. I have my o~ co~ulting comfy ~d do intema~io~l ~nsulfing wo~. My car~r in~ludes ye~ m Chie~Fin~ciai O~cer of a Fortune 500 eo~m~on, ~d su~equemly Vice-p~si~e~t ~h P & L r~nsibili~ over a Doup of international subsi~afi~ mo~ ~ SS~ million ~I o~mfing bu~e~. My major a~mplishments includefl ~he rm~mping ~d r~c~ng of ~ese subsidiaries ~h a~l ~n~ in exce~ or $30 million. I ~s a mcm~ o[the work simplification proem commi~ee in one subsidi~es ~d l~ed the tec~iques ~o i~laxc ~ ~o r~mcdy work ine~ciencies. In Pembroke, M~ch~m, the ~a~ of Sel~tmen invited me to ~ome a mem~r or ~he To~ Finance co~in~, a ~sifion which I had acce~ but shortly ~erea~er ~o ~ do~ due ~o o~ p~.sic~ move ~o F~el~ Co~ec~cut. ~e First ~l~m Fai~cld in~ me ~o ~ome a~ive in D,e To~ Building Commin~, which I enjoyed imme~ly d~ng ~e short life of t~t commin~. ~t month I anended ~e ~If day seminar on Count' ~vemmem. I ~ imp~ssefl by ~he q~iw of~e ~ple ~a~ h~d o~ ~o~ eo~W ~ca~ and ~e ~,uine desire ~o ~ce ~e co~iw. I ~uld like to m~e a diff~nce and ~n~bute to ~e q~liW of life we ve~ much enjoy li~ng he~. ~g B. P. Schu~ AGEN~TE~_ No. / JUL 2 8 1998 oo I am interested in discussing with you the possibili~, o£serving on the Collier Count,." Government Productiviv.' Committee ........... -. Charlie Moss 990 Cape Marco Drive Unit 607 Marco Island. FL 34145 941 3890131 941 389 2106 Fax charlie~'ibm, net JUL 2 8 1998 Charles Sweeney Moss, Jr. 990 Cape Marco Drive ~607 .Marco Island, FL 34145 941 3890131 I formed my own consulting company May. 1990 after 27 years working for IBM and deahng with information technology in the textile, banking. distribution, manufacturing, and public sector industries. For 20 years I managed marketing, technical, and administrative resources that consistently led the company in revenue realization, budget control, and customer satisfaction. I owned and managed two long term care nursing facilities in Texas and Louisiana from December 1992 to .March 1995. ~PERI~X'CE: 1989-1990: ROLM. An IBM and Siemens Company. Manager of Enterprise .Marketing. New York City. Formulated the strategy and directed the marketing acti,Aty, to implement the programs for ROLM's 50 largest customers. Unique position created for me because those customers contributed 52% of company's revenue. Pilot at CITICORP yielded more revenue in IQ 1990 than all of 1989. 1989: IBM. National Service Division Western Area. Manager of Marketing in Los Angeles. New position created to design and direct the implementation of a marketing plan that addressed the charter change from "fix and repair" to "total support". Th'~s required a major culture change as well as creative marketing programs. The Area improved from last place to first in six months. 1985-I988: IB.M. United States Marketing and Ser~'ice, Area Strategic Program Manager in Dallas. Texas. Formulated. implemented, and managed the revival of the midrange product line in southwest. Aa'ea finished first in the country in the relevant measurements. The accomplishments resulted in mx' promotion to Aecaunt Executive. NASA. Houston. Texas. Built a sales and svstem'en,o4neering team that replaced all of tho_ computers in Mission Control and s'uccessfullv supported all the missions following the Challenger disaster. Even in a turnaround situation with significant morale problems, ranked #1 with 175% of balanced performance measurements. Symposium Publications. 196.3-1984: IBM. Data Processing Division. Joined IB.M as System Engineer and installed one of the first System/360's in the company. Managed large government accounts. IRS. Postal Serx'ice. Atomic Energs.' Commission. and the Department of Interior. Commercial accounts included Derring Milikin. American Enka, gohnathon Logan. Champion Paper. Olin Matheson. and FMC. Consistently exceeded all requirements resulting in significant recognition including: System Engineering 10C,% Club (13). Vice President's Award (2), and two Technical AGENDA September 1995 JUL 2 8 1 °98. EDUCATION: Furman Univers[tv. Green~511e, SC General Excellence Scholarship Outstanding Math Student Award (1957-1959) United States Naval Academy. Annapolis. MD Congressional Appointment ( 1959-1963) Furman University, Greenville, SC Bachelor of Science in Mathematics and Physics (1963) Clemson University. Clemson. SC Graduate Study in Mathematics (I965) Southern Methodist University. Dallas. TX Executive MBA. Cox School of Business (1985-I98 tD London Business School. London. England Graduate study in International Business (1987) Southern Methodist University. Dallas. TX Completed course work for Doctor of Philosophy Degree in Interdisciplinary Studies. Business Strate~' (I988-1991) California Coast University. Santa Aaa. CA Candidate for Doctor of Philosophy Degree irt Management (Present) IBM .Management Training - Personal. Career. Management. and Middle Management Development. Performance Management for Middle Managers. Executive Textile Course - NC State University. AREAS OF F2XPERTISE: .Management Marketinz and Marketing Management Strategic Business Planning Culture Adaptation and Modification PERSONAL: Married with adult children 13 Consecutive Boston Marathons Toastmasters International Distinguished Toastmaster Founded Mobile, .Alabama club District Serious Speech Contest Winner Sales & Marketing Execmtives International National .Association of Accountants Lions Club Chamber of Commerce September 1995 AG£NDg ( J U L 2 8 1958 United Fund- Vice Chairman. Mobile..Mabama September 1995 AGENDA .o. ,/~ JUL 2 8 1998 BEfINAflD L. WEISS AEROSPACE ASSOCIATES NO,, JUL 2 8 1998 I 5 6 7 1o II 12 I5 17 I$ 19 21 22 27 29 3o 32 35 RESOLUTION 98- RESOI,UTION OF TIIE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, DECLARING ITS INTENT. UPON APPROVAL BY VOTERS STATEWIDE OF AN AMENDMENT TO ARTICLE SECTION 14 OF TIlE FLORIDA CONSTITUTION, TO LOWER PROPERTY TAX RATES IN COLLIER COUNTY. WItEREAS. since 1972. upon the establishment of a unified state court system, the responsibility for funding of that system has increasingly fallen upon the shoulders of count.,,' property taxpayers; and WHEREAS, the funding by the state of its court system has not kept pace with the tremendous population growth and increase in criminal activity; and WHEREAS, Collier County has had little control, if any. over the cost or administration of the state's court system as lhis authority is spread among the judiciary, legislature and the clerks of court: and WIIEREAS. in the allocation of taxing power, counties do not have access to as many revenue so.tees as the State Legislalure and county tax sources are capped as to rates or are limited as to types of programs and facilities that may be funded with each source; and WHEREAS, the property taxpayers of Collier County paid approximately 7 to 8 million dollars last year to fund and support the state court ~'stem; and WHEREAS. the Constitution R~'ision Commission has approved a proposed amendment to Article V of the Florida Constitution which will shift the burden of funding the state court system from the county property taxpayers to the state; and WItEREAS, Section 14 of the amendment, with certain exceptions, states "Funding for the state courts system, state attorneys' offices, public defenders' offices, and court-appointed counsel... shall be provided from state revenues appropriated by general law." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: The Board of County Commissioners declares its intent to lower the property tax rate in Collier County, contingent upon: AGENDA ITEM No._ IOfF~ _ 1 I. Voters state-wide approving the amendment to Article V, Section 14 of the State 2 Constitution. shifting much of the burden ot' funding the state court system from the shoulders of the 3 county propcr'.y taxpayers to the state. 4 2. Thc State Legislature funds the state courts system, state attorneys' offices, public 5 defenders' offices, and court-appointed counsel as provided from state revenues. O This Resolution adopted this,, day of ,1998 atler motion, second 7 and majority vote favoring same. 8 9 I 0 DATED: 1 ! ATTEST: 12 DWIGHT E. BROCK. Clerk 13 14 15 16 17 I$ 19 20 21 22 23 24 25 Approved as to form and 26 legal su ' cy: 29 Robert N. Z~chary 30 Assistant County Attorney 31 32 33 35 36 h. robe~/e",.olut~ansL/srt~le V-Roll Mk ~ 37 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOP, IDA By: BARBARA B. BERRY. Chairman AGENDA ITEM Ju c as 1998 pg. EXECUTIVE'SUMMARY' ~--':~ APPOI'NTMEN~ OF MEMBER(S) TO Tt~ IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY' ?':'"-~, ,'; '-~"~" : OBJECTIVE: To appoint 2 member lo fulfill the remainder ofvacant terms on the Immokalee Enterprise Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designate~l areas. To permit Collier Count?' to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, I995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents Iiving within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. Due to one member's change in employment and another member's chance in volunteer positions, it has been recommended that: ' GAD.' Dantini. Code Enforcement Officer-Immokalee. complete the remaining term of G~,~.' Harrison. who has taken another position within the Count,,'. The position must be filled x~ith a Collier County Code Enforcement Officer and Mr. Dantini'meets this requirement. John Kirchner, Airport Manager for the Immokalee Regional Airport and Vice President of the Immokalee Chamber of Commerce, complete the term of Carol Losa DeLara who has stepped down as PrEsident of the Immokalee Chamber. This position must be filled with a Chamber representative, and Mr. Kirchner meets this requirement. COMMITTEE RECOMMENDATION: Gar5' Dantini, Code Enforcement Officer John Kirchner, Airport Manager for ImmokaIee Regional Airport and Vice President Immokalee Chamber of Commerce ~FISCAL IMPACT: NONE AG£N~DA 'EM JilL 2 8 1998 GROWTH MANAGEMENT IMPACT' NONE RECOMMENDATION: That the Board of Count' Commissioners consider the recommendation for appointment; appoint members to the ImmokaIee Enterprise Zone Development Agency; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JULY 28, 1998 AGENOA 1'UEM .o.]Z_/9 ~' .... JtlL 2 8 1~t[t8 Pcj o_r~ -- TO: FRO.M: DATE: RE: MEMORANDUM Sue Filson. Administrative Assistant Board of County Commissioners ~ ielene Casehine Economic Dcveh,pment~ \lanagcr. l tousing & Urbvm Improvement JuN' 14. 1998 immokaJee Entc~rise Zone Development Agent],.' (EZDA) The State ha.,; enac:ed a program, the Florida Enterprise Zone Pro,am. to induce private investment into distressed areas to create economic opportunities and sustainable ~onomic development for desi~ated areas. To permit Collier, Count)' to participate in this pro,am, the Board of Coun,"v Commissioners nominated the Immokalee community to be considered by the Florida Depar'maent of Commerce for Enterprise Zone desJ~ation in t(esolufion No. 95-24'8. u, hich u,.~ approved March 28, 1995. As part ofthe formal application foran Enterprise Zone. the State required that a committee consisting ora broad base ofcitizens be established. This Board has representation from the Chamber of Commerce. financial or insurance entities. businesses operating within the nominated area. residents living vdthin the nominatec..rea. nonprofit communi~'-based o~anizafions operating within the nominated area. local private industry council, local code enforcement ~enc2:.. and local law enforcement ~enc'3.. The Committee v, as created throu~ Ordinance 05-22 as the Immokal~ Enterprise Zone Development Ag:rna' {EZDA}. In addition, the Count2: Commission appointed members to the EZDA under Resolution 95-249. Due to one mc,'rnbe:'. 's change in employment and anothe'r's change in volunteer positions, we are recommending the tbllowlng people for Board appro~,al: t (]ar3.' Dannn:. Code Enforcement Officer-lmmokalee. to compile the remaining tg,, of Gary t lamson. ~ ho has taken mother position within the Count)'. This position must be filled u,-ith a Collier, County code enforcement officer and Mr. Danfini meets this requirement. 2. John Kirchner. Airport Man,er for the lmmokalee R~ional Airport and Vice President of the lmmokalee Chamber of Commerce. to complete the term ofCarol Losa deLara, who has stepped down as President of the lmmokalee Chamber. This position must be filled with a Chamber representative, and Mr. Kirc,hner meets this requirement. Phrase prepare an Ex~utive Summary for the Board's consideration of the recommendations and let me know if any further information or assistance is needed to initiate the process. Thank you for )'our help. Attachment: Resume of John Kirchner cc: Cn'eg Mihalic. Director, Housing and Urban Improvement Vincent A Caumro. AICP, Administrator. Communit), Development and Environmental Se~'ices Fred Thomas. EZDA Chairman AGENDA ITEM NO · ~-~---- J U L 2 8 1998 pcj ,, "',.~ _ ~~~lmmokotee Ch<~nber of Commerce ~? Robe~ Aver~ , Fk:H'icto ~142 Co~ier ~ Commis~oner~, ~ Berry 3301 East Tm/galIIi TrOt ~aplcay. Ftofida ~H2 TI~ O'anlx-r of Canme~ r~xm'mxmds lotto W. Kircha~ as it's ~ to be a n~a~ of tie Emeq~fise Zone Board. Iolm la,as th, ability to t~ work of tb~ ~~ zot~ boa~ AGE ND.A ITEM JUL.2 8 1998 pg:_~ ~/'- __ 3311 C~I~ C-~ BI~I., F.. N~I~ FL 34120 PI~OI~_SglOI~AL OBIF.~'TIFE PI~OFF_gSTONAL Kizc~e~h Ar, count~g Sera, ce Napks, FL 91-92 Little Cac~r's Iac. ~9-91 T~ Mazager/Szle~ and JJm~ug ~-?~ Cr~OT~t~k Automotiv, C~mp lrvtae, CA AGENDA ITEM No ._.~_.~_ JUL 2 8 f998 Page Two PRO~_~ION.,4Z J~IPERI~NCE 1.979 Secm.~ Guard Tooe~e Army ~ Toode, UT Deputy Sber~ Co~i~r Co<tory Sberlft~s Office st, n'~ US, Marine Corps Honorable Dtscbarte OT/TF~ Los An~ Private ~ Sin%lc Engine - Land ~~~ A V~ rtAB/..~ trPON R2~{~ UF_..~ A G E ND~,~.,I T_F,M JUL 2 8 1998 PO-_ Immokalee Enterprise Zone Development Agency ~'rlme ~'ork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Gatt' H~,~rison 280[3 North Horseskoe Drive Naples, FL 34I 12 District: Categon.': Local Code Enforcement 6434445 09/93/96 04.'04;99 3 Years Carol Losa deLara 658-1313 506 1st Street, South Immokalee, FL 34142 District: 5 Category: Chamber of Commerce President 09/03/96 04/04/99 3 Years Robert Asbel, .Ir. 112 South 1st Street Immokalee. FL 34142 District: 5 Category: Local Law Enforcement 6574168 02/03/98 04/04/02 4 Years Jam, es L. Penczvkows.td 1108 Monroe S~-ee: Irmmokalee, FL 34142 District: 5 Categor3': Non Profit Organization 657-2959 04/01/97 04,'04/99 2 Years Joseah Lozano 403 N'orth 15th Street Immokalee. FL 34i42 District: q Categoo': Non ProF,: Organization 657-2742 04/04/95 04/04,'99 4 Years Almn W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 District: 5 Categor3': Private Industry Council 4814020 08/05/97 04/04,'99 2 Years David E. Lindsev 1020 Sanitation iq.oad Immokalee, FL 34142 District: 5 Category: Resident 658-3630 08/26/97 04,"04;01 4 Years Wednesday, March 25, 1998 Page I of $ 'TEll No JUL 2 6 1998 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd E.~. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Ternt W. Herman Spooner 806 N. 15th Street Immo'kalee, FL 34142 District: 5 Catego~.': Business Owner & Resident 657-2569 08/05/97 04/04/98 I Year 3/14,.'98 04/04/02 4 Years Raymond T. Holl~'ad 7380 Trafford Oaks, #I 2 Irnmokalee, FL 34142 District: 5 Category: Finan. ica! Entit?.' 657-3171 04/01/97 04/28/01 657-4568 4 Years Edgardo Tenzeiro 1065 5th Avenue North Naples. FL 34102 District: 5 Category: B'.:siness in Zone 2624636 04/04/95 04/04/99 657-5542 4 Yea.-s JeT: Pffmus 701 i,'vxnoka!ee Drive Immokalee. FL 34i42 District: 5 Categon..: Business in Zone 657-3671 04/04/95 04/04/99 4 Ye~s Lucy O=iz 606 Rot:eas Avenue Irr,'nokalee. FL 3a I42 District: 5 Category: Non Profit Organization 262-Z, 404 04;04/95 04/04/99 657-5617 4 Years Denise Bianton 657-3306 14700 Immokalee Road Immokalee, FL 34120 District: 5 Category: non-voting ex-officio member 1 ~09/97 00/00/00 limited Fred N. Thomas, Jr. 1800 Farm Worker Way Immokalee, FL 34142' District: 5 Category: Non Profit Organization 657-3649 04/04/95 04/04/96 I Year 9/3/96 04/04/00 4 Years Wednesday, March 25, 1998 Page 2 of 3 AGENDyA~, I~T, EM JUL 2 8 lgg8 Pg. ~ lmmokalee Enterprise'Zor, 2pment Agency Home, 2ttd Term This 13 member com,.mince was created on April 4, 1-c95, 'bY Ord. No. g5-22 to induce private i~vestment into distressed areas to create economic opportunities and sustainable eccnomic ,preen: for des~c.~ated areas. Initial members were a~cir, ted by Resc!uticn Nc. ~c~,-2z;. To permit Ccllier Cc;:~:,! to pa~icf.r, ate in this program, the ~ard of County Commissioners r~cminated the Immcks~ee Ccmmunity to be considered by the FL De~t. of Ccmmerce fcr E,~terprise Zcne des~;:~a.:Jon i~ R,.e,,,s,o. No. ~.-.~87 approved March 28, I~c~c5. As paA of the formal app for a~ EZ. the State re,,uired that"a'r'committee conS.;stinc of abrcad base of citizens be established. The committee h='s representation from ',he Cham~,'er of Commerce. financial cr i,~surance e,~tities, b~;sln~s, ses c;e.,'atin~ within~the nominated area. residents, ncnpregt community-based crgani,.ations. Iccal private i~dus' c~3uncil, local ccde enfcrcement agency, and local law enforcement agency. No. 97-81 Terms are z years. F£ S~ ~r: 290.001 - 290.0 ! Staff: GreS~ Mihalic. HUI Directcr: 403-2330 · ~~tch 25,1998 - Pttge$ of$ AGENDA ITEM No JUL 2 8 1998 EXECUTIVE SUMMARY PETITION NO. PUD-98-1, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING SHOPPE, REQUESTING A REZONE FROM "A' RURAL AGRICIYLTURAL TO "PUD" PLANNED UNIT DEVELOPMENT FOR A MIXED RESIDEN'rIAL DEVELOPMENT OF UP TO 536 DWELLING UNITS FOR PROPERTY LOCATED BETWEEN WHIPPOORWILL LANE EXTENSION AND INTERSTATE 75, APPROXIMA~LY % MILE SOUTH OF PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING $3.92 ACRES MORE OR LESS. OBJECTIVE: The petitioner seeks to have approximately eight-four (83.92) acres of land rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development for a mixed use residential development. CONSIDERATIONS: The property is located east of the south alignment of Whippoorwill Lane approximately three quarter (3/4) miles south &Pine Ridge Road. It extends east from the Whippoorwill Road alignment to 1-75. The regulations described by the PUD Document and Master Plan provide for a residential community not to exceed 536 dwelling unit with mixed housing structure types. The intended uses may also include assisted (Congregate Care) Living Facilities, however, there will be a commensurate reduction in standard dwelling units for each acre of Assisted Living Facilities. The Master Plan illustrates a series of residential tracts, lakes and preserves areas, with access for Whippoorwill Lane as extended and Nighthawk Drive. The property is located within the Urban-Mixed use - Urban Residential area as designated by the FLUE Map to the FLUE to the GMP. This designation allows the property to be rezoned from residential and related accessory purposes. The following consistency analysis applies to each applicable element of the GMP. Lan.O..._U~ - The urban residential designation allows any manner of housing structure types and housing that qualifies as congregate care housing. This PUD is structured to accommodate both types &housing. Density - The Density Rating System in the Future Land Use Element permits up to seven (7) dwelling units per gross acre based on the allowable base density of four (4) dwelling units per acre, plus three (3) dwelling units per acre attributable to its proximity to an activity center and location within a one JUL 2 8 1998 mile density band. This petition requests a density of 6.4 dwelling units per acre and is therefore consistent with FLUE provisions. No other element was deemed to be inconsistent. All of the land surrounding the subject property is zoned Rural Agricultural, therefore, an analysis relative to compatibility is not applicable inasmuch as there technically is no urban type of development to which a compatibility assessment can be made. Property which is zoned Agricultural in the urban designated area is for all practical purposes a holding zone. The first urban type development will set the stage for subsequent compatibility evaluations when nearby property is to be rezoned. Since the property is xvithin the urban residentially designated area an action approving a residential development is consistent with the GM?. The question becomes one of what level of density should be considered most appropriate for this area. Certainly by virtue of its contiguous relationship to the 1- 75 freeway, and proximity to an activity center, a density above the base density is justifiable and acknowledged by the scheme for allowing densities above the base density (i.e. density rating system). Recent actions by the BCC will have the effect of lowering the maximum density currently authorized by the density rating system to five (5) dwelling units per acre in the context of this property. This petition seeks a density of 6.4 dwelling units per acre. The Collier County Planning Commission heard this petition on June 18, 1998 and by a unanimous vote of five to zero recommended approval of this petition subject to a density limitation of six (6) dwelling units per acre (504). One person spoke in opposition to this petition expressing concern over traffic impacts. No communications were received in opposition to this petition. FISCAL IMPACT: This petition by and of itselfwiI! have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of bull :ling permits to help off-set the impact 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 sera ",:e, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROV~"I'H MANAGEMENT IMPACT: The land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were consistent by virtue of the way in which development conditions were addressed, devised for regulating the manner &development. 2 JUL 2 8 1998 In view of' the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORICIARCItAEOLOGICAL 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. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition PUD-98-1 as described by the Ordinance of Adgpti0n and Exhibits thereto (i.e. PUD document and master plan as amended). PREPARED,BY I~NALD F. N]~O,'"~CP DATE CURREr,~T PLANNING MANAGER REVIEWED BY: ROBERT J./MULHERE, AICP PLAN..NING SERVICES DEPARTM~ENT DIRECTOR VINC~ENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV....~ND ENVIRONMENTAL SVCS. DATE DATE PUD-98-1 EX SUMMARY/rnd JUL 2 8 1998 AGENDA ITEM 7-H ( MEMORANDUM TO: FRO.M: DATE: RE: COLLIER COU~'TY PLA~\:'NING COMMISSION COMMU.'NITY DEVELOPMENT & ENVIRONMENTAL JL%'E 3.1998 PETITION NO: SER\qCES PL'I)-98-I. WHIPPOORWILL WOODS OWNER/AGENT: Agent: Owner: Mr. William L. Hoover. AICP Hoover Planning 3785 Airport Road North, Suite B Naples, Florida 34105 William L. Hoover, Trustee WhipporwilI Woods land Trust 3785 Airport Road N., Suite B Naples, Florida 34105 (See Application Material for Beneficiaries) REQUESTED ACTION: The petitioner seeks to have approximately eighty-four (83.92) acres of land rezoned from its current zoning classification of"A" Rural Agricultural to "PUD" Planned Unit Development for a residential development. GEOGRAPHIC LOCATION: The property is located east of the south alignment of Whippoonvill Lane approximately three quarter (3/4) miles south &Pine Ridge Road. It extends east from the Whippoorwill Road ali~m~rnent to 1-75. (See location map following page) PURPOSE/DESCRIPTION OF PROJECT: The development order described by the PUD Document and Master Plan provides for a residential community, not to exceed 536 dwelling unit with mixed housing structure types. ^G:,x.2~,~"~.'~ JUL 2 8 1998 , ~ ~tat I Illi I II II II IIIIII I I IIIIII II The intended uses may also include Assisted ICon~egate Care) Living Facilities: however, there will be a commensurate redaction in standard dwelling units for each acre of Assisted Living Facilities. The Master Plan illustrates a series of residential tracts, lakes and preserves areas, with access from \\q~ippoom'itl Lane as extended and Nighthawk Drive. The total land area is the result of assembling a number of separately held parcels of land. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and zoned "A" Rural Agricultural Surrounding: North - Undeveloped. zoned "A" Rural A_m'icultural East - 1-75 freev,'ay South - Undeveloped. zoned "A" Rural Agricultural West - Undeveloped. zoned "A" Rural A~tn'icultural GROWTtt MANAGEMENT PLAN CONSISTENCY: The property is located within the Urban-Mixed Use - Urban Residential area as designated by the FLUE .Mar~ to the FLUE to the GMP. This desig'nation allows the properl)' to be rezoned for residential and related accessors.' purposes. The following consistency analysis applies to each applicable element of the GMP. Land Use - The urban residential designation allows any manner of housing structure .types and housing that qua[ifies as con~egate care housing. This PUD is structured to accommodate both t.',,-pes of housing. Densiw - The Density Rating System in the Future Land Use Element permits up to seven (7) dwelling units per gross acre based on the allowable base density of four (4) dwelling units per acre. plus three 13) dwelling units per acre attributable to its proximity, to an activity, center and location within a one mile density, band. This petition requests a density, of 6.4 dwelling units per acre and is therefore consistent with FLUE provisions. Traffic Element - Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment: The ITE Trip Generation Manual indicates that this petition will generate approximately 2.712 average weekday trips & 193 weekday Peak Hour (AM) trips at build-out. Since the project is projected to be built-out by 2001, the average rate of construction would be 134 units per year. Based on this data. the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Pine Ridge Road after trip adjustments and assigrtments are made. In addition, this petition will not lower the level o ser~',~elt~' this segment's adopted LOS "D" & "E" standards within the project's radius of d, ;elopm~u, ence -__l T {RDI). Therefore. the pro. jeer is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment of CR-896 as a 4 lane aneriat road connecting with ~,VnippoorwiI1 Lane. The current traffic count for the segment west of 1-75 is 39.364 PSDT and is operating at LOS "D". Peak Season Daily Traffic was based on the Peak/'Annual Ratio shown in the County's 1996 traffic counts. It should be noted that this road segment is prqjected to be deficient by 1999. Howe:'er. the Capital Improvement Plan indicates that this segment is scheduled to be improved to a 6 lane facility bv 2.000 and is therefore within the window of opportunity for significant impacts to continue even though a road se?nent may be deficient for what is expected to be a short period of time. The currcn: traffic count for the segment east of 1-75 is 13.498 PSDT and is operating at LOS "A". With tke planned road improvement, this petition complies with Policy 1.3 & 1.4 of the TCE. Open Space - The required amount of open space will be achieved by the retention of wetland and upland presen'e areas, and other open space represented by lakes and LDC required landscaping as individaa! residential projects proceed v,'ith :heir developments. In the aggregate more than sixty (60) percent or' the land area will be set aside for open space purposes. Natural Features Conservation - Junsd:.ctionally defined wetland areas have been desimaated as presen'e tracts. Mitigation requirements further dictated the preservation of certain upl~ds area. Ultimate definition of conservation requirements and relative provisions of the Land Development ('ode ~e applied at the time of subsequent development approvals to assure compliance with the CCME and the LDC. Other Applicable Elements - All development authorized by this PUD will be connected to the Collier Count.,,' Utilities system for sanitary sev,'ers and potable water. A collection and distribution system will be devetot~ed internally and externally to connect with Count,,' systems. These development actions will be administratively reviev.'ed and approved as required by Ordinances and Codes of Collier County. Storm Water Management falls within the purr;ow of the South Florida Water Management District. however, local review and approval is also a function of subsequent permitting actiofis. HISTORIC/ARCttAEOLOGICAL 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%rchaeoiogical Survey and Assessment is required. EVALUATION FOR EN~qRON.MENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for the at areas of critical concern. This primarily includes a review by the Communit, Environmental and Engineering staff, and the Tr:msponation Services Division staff. JUL 2, 8 1998 This petition was administratively reviewed on behalf of thc EAB and staff recommended approval subject to conditions which have been inco~orated into the Resolution of Adoption. ANALYSIS: Staff completed a comprehensive evaluation of this land usc petition and the criteria on which a favorable determination must be based. ]'his evaluation is intended to provide an objec:zvc. comprehensive ovcrviexv of thc impact of thc proposed land use change, be it positive or negative. culminating in a staff recommendation based on that comprehensive ox'erview. The listed criteria are specifically noxed in Section ,..7._.> and Section ......... of the Land Develor~ment Code. thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified dunng the staff review are listed under each of the criterion noted and ~c categorized as either pro or con. whichever the case may be. in the opinion of staff. Staff review of each of thc criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are compieted as separate documents and are attached to the staffreport. 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 D'pically include an anaiys:s 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 eiements. 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 aralyzing the relationship of the rezoning action to the long range plan !bt future land uses. Notwithstanding the above, staff in reviewing thc determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Use:; - A discussion of this relationship, as it applies specifically to Coiiier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Usc Element of the Collier County Growth Management Plan. The subject property is located with the Urban Designated Mixed Use future land use classification as depicted on the Future Land Use Map of the Collier County. Growth Management Plan. The site is located contiguous to the west alignment of Interstate 75 south of the Pine Ridge Activit3' Center and would lie to the east of %Vnippoorwill Lane extended from its current southern terminus. All of the land surrounding the subject property is zoned Rural Agricultural, therefore, an analysis relative to compatibility is not applicable inasmuch as there technically is no urban type of development to which a compatibility, assessment can be made. Property which is z{ ned ~t~a}., ' in the urban designated area is for all practical purposes a holding zone. The first .~ur~.~l) 8 1998 4 development will set thc stage for subsequent compatibility evaluations when nearby propert?' is to be rezone& Since the property is within thc urban residentially designated arca an action approving a residentiai development is consistent v,'ith the GMP. The question becomes one of what level of density should I',e considered most appropriatc for this area. Certainly bv virtue of its contiguous relationship to thc I-'75 freeway, and proximity to an activity center, a density above the base density is justifiable and ac'knowledged by the scheme for allowing densities above the base density li.e. density rating systcm). Recent actions by the BCC will have the effect of lowering the maximum densits.' currently authorized by the density rating system to five {5} dwelling units per acre in the context of this propcrty. This petition seeks a density of 6.4 dwelling units per acre. Staff is of the opinion that a density of five 1.5) dwelling units per acre is a reasonable grant of development rights. With respect to the relationship of timing zoning actions, this property, is surrounded by urban development and urban infrastructure both of which are criteria in support of the timing of zoning actions. Traffic - The trips generated by this petition will not exceed 5 percent of the LOS "C" desig'n capacity on any' County road after trip assignments and adjustments are made. In addition, the site generated trips v~'ill not create a concurrency problem because the project trips don't lower the overall road capacity below any adopted LOS "D" standard. There are no roadway improvement within the project's RDI that are required to satisfy the level o~ sen'ice and concurrency requirements. All roadway segments within the project's RDI are projected :o operate at an acceptable level of sen'ice. The proposed PUD will not create or excessively increase traffic congestion within the projects RDI and complies with policies i.3.5.1.5.2.7.3 and 7.4 of the TCE. Utility Infrastructure - Both a public sanitary, sewer and municipal water supply is available to the property. All development must compiy with surface water management requirements invoked at the time of site development plan approval. Community Infrastructure and Services - The suit, jeer property has convenient access to a wide range of community infrastructure, which is enhanced bv its proximis' to activity centers at 1-75 and Airport Road which contain business and medical offices all within a short driving distance. PUD Document and Master Plan PUD Document - The Vvq'fippoorwill Woods PUD document is modeled after a County Planning Sen'ices Model PUD Document in terms of format, general provisions covering references to GMP and LDC. format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. The development reviewing staff. The development standards regulating the placement of residenti~Il; empl~6. ~s standards and development commitments. The PUD contains all of the reco for individual lots and clustered development are similar to the standards commo 5 JUL 2 8 1998 other PUD's. which by actual development practice has produced aesthetically pleasing communities. The PUD aiso limits the building height not to exceed a height of 35 feet or two (2) stories for singie family and three stories for ~fzmily. Master Plan - The Master Plan is desired around a series of lakes and preserve areas is intended to be accessed from Whippoorwill Lane on the west side of the project and Pet Ranch Road on the north side of the project. STAFF RECOMMENDATION: That Petition PUD-98-1 Whippoorxvill Woods PUD be recommended for approval too the Board of County Commissioners in the manner described by the PUD and Master Plan x;4th the exception that the number of dwelling units be limited to four hundred and twenty (420) dwelling units representing a densi~' of five (5) dwelling units per acre. CURRENT PLANNING MANAGER REVIE~,VED BY: PLANNING SER~, ICES QEPART.MENT DIRECTOR ~:INCENT A. CAUTERO. AICP. ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number PUD-98-1 Staff Report for the June 18, 1998 CCPC meeting. COLLIER COUNTY P~G CO,~vh-MISSION: MICHAEL A. DAVIS, CHAIRMAN PL'D-98-1 STAFF REPORT/md JUL 2, 8 1998 FINDINGS FOR PUD PUD-98-1 Section 2.7.3.2.5 of the Collie." County Land Development Code requires ti-.e Planning Commission to make a finding as to the PUD Master Plans' compliance with tt'.e following criteria: The suitabilit).' of the area for the type and pattern of development proposed in relation to physical characteristics of the land. surrounding areas, traffic and access. drainao~e, sewer, water, and other utilities. Pro: l i) lntensi$'ing land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. Iii} The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. {iii) The subject property is served by a network of County roads, all of which are ','.'ell within the urbanized area providing easy access to a host of community sen'ices and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: As with all actions that intensify, urban deveh, pment patterns there is some loss to the travel time tbr users of the same arterial road system. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with Count' regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of Coun~ Commissioners as conditions of approval by staff. Recommended mitigation measures ,,,,'ill assure complia, ace with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of suer areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. JUL 2 8 1998 Finding: Documents submitted with the application provide evidence of unified controi. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strate~ tbr the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Addhional Finding: The subject property is desi~ated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. It is also located within a density band. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at :he density proposed. This petition has been reviewed by the appropriate staff for compliance with the appiicable e!ements of the Growth Management Plan, as noted below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density - Approval would authorize 420 dwelling units whose density would be 5.0 dwelling units per acre. This is consistent with the density rating system to the FLLHE which allows up to 7 units per acre in this density band. Land Use - The urban residential subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational accessory USES. Traffic Circulation Element - Analysis of the subject petition concluded with a funding that with development phasing this petition is consistent with the policies of the TCE. Recreation and Open Space Element - Sixty (60%) percent or more of the land area is to be developed as open space consisting ora wetland areas, lakes and landscape buffers. requirement of 60% for residential PUD's exclusive of that open spa residential development. This area is exclusive of the mount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space JUL 2, 8 1998 Other ApplicaNe E!cmcntis) - By virtue of development commitments and master plan de'.'elovment strategy, staff is of the opinion ti, at :he Whippoorwill Woods PUD is cntireiv consistent with provisions of the Collier Count,.' GMP. Staff revicv,' indicates that this petition has been designed to account for the necessary relationships dictated bv the GMP. W'herc appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore. this petition has been deemed to be consistent with the Grow'th Management Plan. The internal and external compatibilit2,.' of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. P_ro/Con: Evaluation not applicable. Findine: The PUD Master Plan has been designed to optimizc internal land use relationships through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existencc and as proposed to serve the development. Pro/Con: E'.'aluation not applicable. Findint: The amount of open space set aside by this project is greater than the provisions of the Land Development Code. The timin~ or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. ISec StaffReport) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Findine: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to h~ards, and capacity of roads, is supportive of conditions urban development. This assessment is described at length in the staff report adop~e-~l, JUL the CCPC. Relative to this petition, developmcn: of thc subject properly is timely. because supporting in£rastructure is avaiiabie. Conformit?.' with PUD regulations, or as 1o desirable modifications of such regulations in the particular case. based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding; This finding essentially' requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. ?L'D FINDINGS PL'D.gh-1 .md JUL 2 8 19 8 REZONE FINDINGS PETITION PUD-98-1 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: Pro: Development Orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. ~on: None Summarx' Findings;, The proposed development is in compliance with the Future land Use Element of the Growth Management Plan. 2. The existing land use pattern; Existing: The property is undeveloped and zoned "A" Rural Agricultural Surrounding: North - Undeveloped. zoned "A" Rural Agzicultural East- 1-75 freeway South - Undeveloped. zoned "A" Rural Agricultural WeS! - Undeveloped. zoned "A" Rural Agricultural e The possible creation of an isolated district unrelated to adjacent and nearby districts: Pro/Con: Evaluation not applicable. Summarx Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the "Urban Residential" Sub-district on the Future Land Use Element and location within the density band. Whether existing district boundaries are illogically drawn in re conditions on the property proposed for change; JUL 2, 8 1,998 Pro: The district boundaries are logically drawn and they are consistent with the GMP. Con.'.. None. Summarx Findings; adjacent land to the north is eligible for 7 units per acre. If approved this action would serve to enlarge the residential homes permitted in this area. Whether changed or changing conditions make the passage of the proposed amendment necessar?'; Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. Con: None. Summarv Findines: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living co'nditions in the neighborhood; Pro_.__;: (il Adjacent properties to the north are eligible for 7 units per acre. The lands are just south of an Activity Center approved for commercial uses. In addition, 1-75 abuts the eastern property line. By virtue of this fact it is not unreasonable to assume that the influence of 1-75 and its attendant noise, drives a multiple family housing response. Co.n. '.. fi) Those households now living in a Rural A~m'icultural environment in the adjacent lands will experience a dimunition in that character. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood 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. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. Whether the proposed change will create or excessively increase traffic congestion or create wpes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activin' during construction phases of the development, or otherwise affect public safe~'; Pro: An action to rezone the property as requested is co~l applicable traffic circulation elements, i di'7~tjl .. ...... - (ii) The property will access private and public roads providing access to the artefia! road network l i.e. Pine Ridge via Whippoonviii La.qe). At this point in time Pine Ridge is not currently deficient. Con: Urban intensification results in greater volumes of traffic on the local. a:'tenai and collector road system serving the project. Other projects d~endent upon the same street system may perceive this result as one which wiii reduce their perceived comfort, levels. Summar,,' Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. a statement advising t~,at this project ,,,,'hen developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval {i.e. turn ianes, traffic signals, dedications, etc.). In the finai analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem: Pro: Ii) The Land Development Code specifically addresses prerequisite development standards that are designed to re3uce 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. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage eppurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary Findings: EvcD' 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 generatcd by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction pl~,~ns are required to meet County, standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. 10. Summary Findings: 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 propert?.' value.~ area: 1998 II. 12. 13. Pro: T.x.'pically urban intensification increases the value of contiguous underutilized land. a condition which exists on the north and south sides due to its Agricultural zoning. Con: (il None. Summary Findings: This is a subjective dctermination based upon anticipated results which ma,.' be internal or external to the subject properly that can affect property values. Property valuation is affected bv a host of factors including zoning, however zoning by itself may or ma,.' not affect values, since value determination bv lax,,' is driven by market value. The mere fact that a property is given a new zoning designation may or ma.',,' not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent properl?' in accordance with existing regulations: Pro/Con: Evaluation not applicable. 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 approvai process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change ,,rill constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summar-,' Findings; The proposed development complies with the Grow'th Management Plan. a public policy statement supporting Zoning actions ,,,,'hen they are consistent with said 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 plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findin£s: The subject property, can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the oppormnit'v to maximize the development potential of the site as made possibli5by relationship with the FLUE. 4 3U'.. 8 !998 14. 15. Whether the change suggested is out of scale with the needs of the neighborhood or the Count3.'; Pro: The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findino..s: A policy s:atement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the Count).' for the proposed use in districts already permitting such use; Pro/Con: Evaluation not applicable. Summary Findino~s: There are many sites which are zoned to accommodate the proposed development. 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, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the properl)' and the degree of site alteration which would be required to make the propert)' usable for any of the range of potential uses under the proposed zoning classification; ProlCon: Evaluation not applicable. Summarx Findines: Physical alteration is a product of developing vacant land which cannot be avoided. 17. The impact of development on the availabilit)' of adequate public facilities and services consistent with the levels of ser-,'ice adopted in the Collier Count).' Growth .Mana?: ,nent Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended; Pro/Con: Evaluation not applicable. Summary Findines: Staff reviews for adequacy of public services and levels of sep,'ice determined that required infrastructure meets with GMP established relationsh/ps. NOTE: GMP as used herein means the Collier Count.',' Grow'th Management Plan. FLUE means the Future Land Use Element of the GMP. REZONE FINDINGS PUD-98-1/md JUL 2 8 1998 :JUL ~, 8 1998 COLLIER COUNTY APPLICATION FOR PUD REZONE PETITION NO. COORDINATING PLANNER: DATE RECEIVED Applicant Name (Agent): William L. Hoover, AICP, of Hoover Planning Address: 3785 Airport Road North, Suite B, Naples, FL 34105. Phone: 403-8899 Fax: 403-9009 Property Owner (Petitioner) Name and Address: William L. Hoover, Trustee, of the Whippoorwill Woods Land Trust, 3785 Airport Road North, Suite B, Naples, Foricla 34105 Phone: 403-8899. Fax: 403-9009 Detailed Legal Description of Subject Property: Section 18 Township 49S Range 26E See artachext Exhibit "A" Property Identification #: Parcel "A" = 00286200006, 00286240008, 00286280000, 00287320008. Parcel "B" = 00286000002, 00285960004, 00286720007. Parcel "C = 00286160007. Size of Property: 22800: Feet x 1,9g0*~ Feet ll.,rshaped) = 83.92+ Acres General Location of Subject Property: Located between Whippoorwill Lane and Interstate 75.3/4 mile south of Pine Ridge Road Adjacent Zoning and Land Use: ZONING N - Agricultural S - Agricultural LPuND USE 200' F.P.L. Easement/Single-Family' Home, Vacant Wooded Land, & 25 - 30 Acre Lake. Drainage Canal & Large Tomato Field. E - Right-of-Way/Estates W- Right-of-Wa¥!Agncultura!, 325' 1-75 ROW/Drainage Canal/Vacant Estates Tracts. Whippoorwill Lane/Vacant lakes. parcels with 2 Existing Zoning: Agricultura! JUL 2 8 1998 Proposed Land Use or Range of Uses: PUD with Permitted Uses of coach homes. attached vil!a~patio homes, townhouses/condominiums, & single-family homes. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. Has a public hearing for a rezone been held on this properly within the past 12 months? If yes, please whte the rezone application number. No. Is this property currently vacant? No. If the answer is no please describe the current land use and all existing structures. Abandoned horse barn and single-family home located south of the F.P.L. Easement on Parcel 'A'. Signature of Petitioner Date * If petitioner is a corporation other than a public corporations, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. Parcel "A", comprised of about 29.6 acres, is owned by Nathan, Barbara, Ronald, and Nancy Dubinsky of 5605 Mulberry Drive, Tamarae, Florida 33319 and is under sales contract by the trust. Parcel "B", comprised of approximately 34.62 acres, is owned by Mike Bozzo Sr., 56 Royal Birkdale, Springboro, Ohio 45066 and the trust holds an option. to purchase. Parcel "C", a 19.7+.+.+.+.~cre parcel, is owned by James F. Cain, 1221 .Velma Court, Youngstown, Ohio 44512 and the trust holds an option to purchase. The attached authorization letter, demonstrate that the trust has permission to have ali of the land within the PUD rezone& The petitioner is a land trust whose beneficiaries are shown on Exh/bit "B". JUL ~ 8 1998 , .g. EXHIBIT "A" Parcel "A" is comprised of 4 tracts of land that are described as: The North 1/2 ofthe South 1/2 ofthe Northeast 1/4 of the Southeast 1/4, less land taken for the Interstate 75 fight-of-way, of Section 18, Township 49 South, Range 26 East, Collier County, Florida. The South 1/2 of the South 1/2 of the Northeast I/4 of the Southeast 1/4, less land taken for the Interstate 75 fight-of-way, of Section 15, Township 49 South, Range 26 East, Collier County, Florida. The South 1/2 of the North 1/2 of the Southeast 1/4 of the Southeast 1/4, less land taken for the Interstate 75 right-of-way, of Section 18, Township 49 South, Range 26 Ea,vt, Collier County, Florida. From the Southeast comer of Section 18, Township 49 South, Range 26 East, Collier County, Florida, S 89d34'32"W 323.99 Feet; thence N0d39'47"W 970.29 Feet to the point of beginning; thence N89d06'47"W 977.45 Feet; thence N0d34'42"W 357.41 Feet; thence N89d35'I9"E 976,54 Feet; thence S0d.39'47"E 379.61 Feet to the point of beginning. Parcel "B" is comprised of 3 tracts of land that are described as: The West I/2 of the Southeast I/4 of the Southeast 1/4 of the Southeast 1/4, Section 18, Township 49 South, Range 26 East, Collier County, Florida. The West 1/2 of the South 1/2 of the Southeast 1/4 of the Southeast 1/4, Section 18, Township 49 South, Range 26 East, Collier County, Florida. The South 1/2 of the Southwest 1/4 of the Southeast I/4 of Section 18, Township 49 South, Range 26 Ea~ Collier County, Florida. Parcel "C" is a single tract described as: The North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. JUL 3 8 998 EXHIBIT "B" BENEFICIARIES OF THE WHIPPOORWILL WOODS LAND TRUST ~arne(sl and Address: Richard S. Shanahan 900 N. Collier Blvd. Marco Island, Florida 34145 Beau E. & Vicki M. Keene 538 Ninth Avenue South Naples, Florida 34102 Thomas A. & Julie L. Hoover 4025 Hillman Road Mortal, Ohio 43337 Robert FL & Kay A. Hartman 21109 Pargillis Road Bowling Green, Ohio 43402 William L. & Charlene S. Hoover 398 Ashbury Way Naples, Florida 34110 JUL 2 8 1998 ~.~, ORDi::ANCE A.qEND!NG ORDINANCE NUMBER 91-102 THE C ' LiE.= ........ C~ ........ :.AN~ DEVELOPME:;T CC, DE WHICH ....... , .... ~.r~,-D AREA OF C~LLiER COUNTY, FLOR!CA ~'f A~MENDIt~G T=~ CFFiCIAL ZONi:~G AT~S :.~.P ~':~' 5Y 2HAXGi:~G ~H~ ZS:~ING C~SSiFiCATiO:; OF HEREIN DESCKiBED FEAL PROPERTY FKOM ...... = ~ =-CPM-J. AGRiCULTUF~.L '~ ',~'~n,' FLAHNED UNIT .... OmN AS WH!~PCORWiLL WOODS, FOR A MIXED RESIDENTIAL DEVEL&FMEMT OF UP TO 536 DWELLING UNITS FOR ~P. OPERTY LOCATED BETWEEH WHIPPOORWIL ~.HE EXTENSION AN5 INTERSTATE 75 APRCXib~TELY :.~iLE SOUTH GF PINE RIDGE ROAD <C.R. ~96) LCCATED iN SECTION 18, TOWNSHIP 49 SCUTH, ~NGE 26 ~ST, COLLIER COUNTY, FLORIDA, CONSISTING OF 83.92 ACRES MORE CR LESS; A[;D BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William ' Hoover, AiCP, cf Hoover Planning Shc~pe, =~-'%~cr, ec ~se 5car~ -~ County Commlssicners tc chan~e the r2assl~icatlcn cf t~e here~n described reai property; ::$W, THEREFORE 5E IT ORDAINED by tke ~oarc zf ~cun~y C:~$s~cners cf Collier County, Florida: 2EUTiC~: ~ ........ -cn--c. ~as$~cat~cn_ _ of the here~n ~escri:ed real ?robert-/ '~ca%eZ :n ~er%~cn i~, Township ~ Scutk, Pange 26 East, Ucii~er Zcunty, Flor~ca, ~s changed from "A" ~urai Agricultural "PUD" Planned Unit Development in accordance wl:~ the ;';hl~pccrwlll Wcoas PUD Document, attachea hereto as Exhibit "A" incorporated by reference here~n. The Offic~a! Zon:n~ Atlas :~um~er 9618N, as described in Or~lnance :;urger ~i-iC2, Z~ii~er C&unty Land Development Code, _s nere~y amended Tk:$ &r~inanca shall become effectkve upon f~i:ng w~th Department cf State. PASSED AND 2ULY ADOPTED by the Board of County Com~issloners of Cciiler Ccunty, Florida, this -- day of , 1998. BOARD OF CCUNTY COY~ISSiONER$ COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, ilerk BY: BARBARA B. BERRY, Approved as to Form and Legal Sufficiency Mar]~3r~e M. Studen: As$2s~an~ County Attorney -2- JUL ~ 8 1998 WHIPPOORWILL WOODS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: WHIPPOORWILL WOODS LAND TRUST WILLIAM L. HOOVER, TRUSTEE 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 and BEAU KEENE, P.E. KEENE ENGINEERING 3785 AIRPORT ROAD NORTH, SUITE D NAPLES, FLORIDA 34105 DATE FILED January 26, 1998 _ DATE REVISED June 19, 1998 _ DATE REVIEWED BY CCPC _ June 18, 1998_ DATE APPROVED BY BCC ORDINANCE NUMBER JUL 2 8 1998 EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN SECTION V PRESERVE AREAS PLAN SECTION V1 DEVELOPMENT COMMITMENTS PAGE. i ii 1 2 2 8 14 15 16 1998 LIST OF EXHIBITS EXHIBIT 'A' EXHIBIT 'B' EXHIBIT 'C' EXHIBIT 'D' EXHIBIT 'E" EXHIBIT 'F" EXHIBIT 'G~ PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN LEGAL DESCRIPTION JUL 2 8 ~998 STATEMENT OF COMPLIANCE The development of approximately 83.92+ acres of property in Collier County, as a Planned Unit Development to be known as Whippoorwill Woods PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Whippoorwill Woods PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The project is located within the Urban Residential Mixed Use District and the Residential Density Band around the Pine Ridge Road - Interstate 75 Activity Center, on the Future Land Use Map. The projected density of 6.39 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwelling units/acre Activity Center Density Band +3 dwelling units/acre Maximum Permitted Density 7 dwelling units/acre 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. JUL 2 8 1998 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Whippoorwill Woods PUD. LEGAL DESCRIPTION The subject property being 83.92+ acres, and located in Section 18, Township 49 South, Range 26 East, and as described on Exhibit 'G": PROPERTY OWNERSHIP The Dubinsky property is under sales contract and the Bozzo and Cain properties are under option to purchase contracts held by: William L. Hoover, Trustee, 3785 Airport Road North, Suite B, Naples, Florida 34105, of the Whippoorwill Woods Land Trust and Beneficial Ownership Agreement dated January 20, 1998. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located between Whippoorwill Lane and Interstate 75, 3/4 mile south of Pine Ridge Road (unincorporated Collier County). Florida. Bo The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The project site is located within the 1-75 Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the D-2 Canal, located along the eastern side of 1-75. The peak discharge rate from the design storm will be limited to 0.15 cubic feet per second/acre per Collier County Ordinance No. 90-10. Natural ground elevation varies from 10.7 NGVD at the northerly edge of the property to 9.4 NGVD at the southwest comer of the site; average site elevation JUL 2 8 1998 1.6 is 10.3 NGVD with a general north to south gradient. The entire site is located within FEMA Flood Zone 'X" with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.15 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the types of soil found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum in the northwest portion of the site, #27 - Holopaw Fine Sand in the southwest corner, #3 - Malabar Fine Sand in the middle portion, and #21 - Boca Fine Sand in the eastern portion of the site. All soil types encountered on the site are listed as hydric with the exception of #21 - Boca Fine Sand located in the eastern portion of the site. The site vegetation consists primarily of FLUCCS #.411 - pine flatwoods and FLUCCS ~24 - pine cypress cabbage palm wetlands. The wetland areas show evidence of impacts through a high il~festation of melaleuca and a lowered wet season water table due to surrounding canals. The project as proposed will incorporate restored upland and wetland preserve areas maintained in a contiguous arrangement. PROJECT DESCRIPTION. The Whippoorwill Woods PUD is a project composed of a maximum of 536 residential units. These residential units are projected to be developed as: villas, coach homes, carriage homes, or condominiums. Up to 10 acres of the project may be developed for adult living facilities and/or nursing homes. The residential units allocated to each acre developed for adult living facilities and/or nursing homes shall be subtracted from the overall units permitted within the PUD. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. JUL 2 8 1998 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Whippoorwill Woods Planned Unit Development Ordinance". JUL 3 8 1998 SECTION il PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the Whippoorwill Woods PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Ail conditions imposed and graphic material presented depicting restrictions for the development of the Whippoorwill Woods PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. JUL Z 8 1998 2.3 2.4 2.5 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 536 dwelling units shall be constructed in the residential areas of the project. The gross project area is 83.92+_ acres. The gross project density shall be a maximum of 6.39 units per acre. Parcels "A", "B", and "C" as described in Exhibit "G" of this document shall be allocated residential units based on the percentage their acreage is of the entire PUD's acreage. Residential units may be transferred across parcel boundaries with notarized written permission of the property owner losing the units being transferred. Up to 10 acres of the project may be developed for adult living facilities and/or nursing homes. The residential units allocated to each acre developed for adult living facilities and/or nursing homes shall be subtracted from the overall units permitted within the PUD. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Co The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. JUL ~, 8 1998 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions: Ao Excavation activities shall comply with the definition of a 'Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. JUL 2 8 1998 SECTION I!1 RESIDENTIAL AREAS PLAN 3.1 3.2 3.3 PURPOSE The purpose of this Se~on is to identi~y specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 536 units. PERMI'I-rED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Single-family dwellings (includes zero-lot line). Two-family dwellings (includes duplexes). Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Adult living facilities and nursing homes. o Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: Customary accessory uses and structures associated with the permitted principal uses including carports, garages, and utility buildings. Recreational uses and facilities i.ncluding swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, pitching and putting golfing facilities, walking paths, picnic JUL ~, 8 1998 3.4 areas, recreation b~lildings, verandahs, and basketball/shuffle board courts. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse and entrance features. o Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use deemed compatible by the Development Services Director. DEVELOPMENT STANDARDS Ao Table I sets forth the development standards for land uses within the Whippoonvill Woods PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private fight-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement which provides access to a designated parking space. JUL 2 8 1998 TABLE I STANDARDS Minimum Lot Area (oer unit) Minimum Lot Width Front Yard Setback Side Yard Setback. 1 Story 0' & 2 Story 0' & 3 Story NA Rear Yard Setback. Principal Structure 20' Accessory Structure 10' PUD Boundary Setback Principal Structure NA Accessory Structure NA Lake Setback (4) 20' Preserve Area Setba(;:k 25' Distance Between Structures RESIDENTIAL DEVELOPMENT STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY & A.L.F. OR 7,500 Sq. Ft. 5,000 Sq. Ft. 60' Intedor Lots (1) 90' Intedor Lots (1) (45')(2) 70' Comer Lots 110' Comer Lots NA (55')(2) 25' 20' 20' 0' & 10' or both 5' 0' & 15' or both 7.5' NA 20' 10' NA NA 20' 25' 10' or both 5' 15' or both 7.5' Main/Principal 1-Story 10' 10' 2-Story 15' 15' 3-Story NA NA Accessory Structures 10' 10' Maximum Heiciht: Principal Building 35' and 2 stodes 35' and 2 stories Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. Minimum carport or garage 2c ar garage 1 car garage per unit NURSING HOMES NA for M/F & 26 un~s per acre for ALF NA 7.5' or 1/2 BH 10' or 1/2 BH 12.5' or 1/2 BH 20' 10' 20' (3) 10' 20' 25' 15' or 1/2 SBH 20' or 1/2 SBH 25' or 1/2 SBH 10' 40' and 3 stories 20'/Clubhouse 35' I bedroom = 700 Sq. Ft. /2 Bedroom = 900 Sq.Ft./3 Bed- room = 1100 Sq. Ft. for M/F & NA for ALF I carport space or 1 car garage FOR M/F & NA for ALF (1) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Three-story buildings shall be set back a minimum of one hundred fifty feet from all PUD boundades. (4) Lake set backs are measured from the control elevation established for the 10 ike. JUL 2 8 1998 Bo D° Off-Street Parkin,q and Loadinq Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. 2. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Landscaoin.q and Buffefin.q Requirements: 1. A berm, wall, fence, or combination thereof, may be provided by the developer adjacent to the eastern PUD boundary along Interstate 75. Such screening shall have a height of between three and one-half (3.5) and seven (7) feet above the elevation of the nearest westbound travel lane of Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize impacts on existing trees, walls or fences may comprise up to eight (8) feet in height of any berm/wall or berm/fence combination. 2. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 3. Where two separate single-family, two-family, or multi-family/adult living facility projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family or two-family project within the PUD abuts a multi-family/adult living facility project within the PUD, a ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet JUL 2 8 1998 i,,. pg. Eo Fo on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material Standards and Installation Standards, of the Land Development Code. Architectural Standards All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family or adult living facility project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architectural designed shingles (such as Timberline). All pole lighting, internal to the project, shall be architecturall}' designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C' or 'D". Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrances to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 83.92+-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E" or 'F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, JUL 2, 8 1998 and shall not exceed the height or length of the wall upon which it is located. A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the entire 83.92+-acre PUD project and shall be compatible architecturally with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty- four (24) square feet. 13 1998 4.1 4.2 SECTION IV RECREATIONAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Recreational Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Open space recreational activities and uses. 2. Water management facilities and essential services. 3. Golf putting greens and pitching areas. 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures associated with the principal uses of this district. 14 AG ' JUL g 8 1998 SECTION V PRESERVE AREAS PLAN 5.1 5.2 PURPOSE. The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES, No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management facilities and essential services. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. JUL 2 8 1998 SECTION VI DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the ccmmitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN_ A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and ali common areas in the project. JUL g 8 1998 6.4 6.5 6.6 6.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitodn(~ Report; An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT. A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. C. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are 17 to be designed, .. JUL 2 8 1998 6.8 6.9 6.10 Bo constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. No on-site central sewage collection, treatment and disposal systems shall be permitted. TRAFFIC A. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances. Installation shall be in place prior to the issuance of any certificates of occupancy. B. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. C. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless other~se approved by the Board of County Commissioners. D. Any access road extensions to the project constructed by the developer shall be to Collier County minimum construction standards. PLANNING A. 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 a 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. ENVIRONMENTAL. A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. JUL 2 8 1998 Co All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.3.4 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval b,y the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall by submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. 19 JUL ~, 8 1998 ii :"') _.-- ti -,-...,.,,-,,-,,,,, - i~,.,-- ~.* -~'"'"~ 'I ] I I i i i Ui ,,c-----~ ,, I I .-,; ii ,, ii ".' , , ,- , '! Il I ( I ........... ] I I, '~, "~.. "",._ ) 'l I I I '!' ~ ,.. ..... _.~-- '~ "% '",¢ _~, ! ! I I !~ , X'~',* I I I I I I 1 , , ~, ,,',, ! ,, , :.,_..,~1 ' t ,, ,,, z '- ...... --,.,, -,2.- .... ,~ k,. ¢ - I , .1 ' .,., ¢: .,.' ,,::: - ' t11- ~, · ' ' ' ' Jt.L~8'1998 '-'""'"""'"'"'"'"'"'" ~ i~'~* ' ,-' PUD ~t~ii.R ~'Um .. L"i -- - - EXECUTIVE SUMMARY PETITION AV 97-017 TO VACATE A PORTION OF THE LAKE MAINTENANCE AND DRAINAGE EASEMENT LYING WITHIN TRACT F, ACCORDING TO THE PLAT OF "KETCH CAY AT WINDSTAR, UNIT TWO" AS RECORDED IN' PLAT BOOK 23, PAGES 63 AND 64, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIV~E: To adopt a Resolution to vacate the above-described easement. CONSIDERATIONS: Petition AV 97-017 has been received by the Transportation Department from Gary Butler, P.E., of Butler Engineering, as agent for the petitioner. Ericksen/Ketch Cay Corporation. requesting the vacation of the above-described easement to accommodate proposed buildings on Lots 36 and 37, "Ketch Cay At Windstar. Unit One". There will be no alteration to the existing lake or lake bank. Letters of no objection have been received from all pertinent agencies. The Transportation Department has reviewed the Petition and has no objection. Zoning is P.U.D. FISCAL IMPACT: Collier Count5' has collected a $1.000 "Petition to Vacate" fee from the petitioner, which will be deposited in Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Count.',' Commissioners: I. Adopt the Resolution for Petition AV 97-017 for the vacation of the above-described easement: 2. Authorize the execution of the Resolution by it's Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: ~.e.~'- ,'~e,.~efi,~fi, / / DATE:~_q,-~-~.-q'$:~ ~ick-O$J. gg, Land Surn' tor/ ~ KE¥IE~qED BY~dwardJ~ Kant~ P.~,, ~a~portation Services Director REVIEWED B ~ DATE: ~/'"'//-- ~r3 Ed Ils~hner,'Public Works Administrator 'YL 2 ~B lb~i8 ! RESOLUTION NO. 98- , .... 2 RESOLUTION FOR PETITION AV 97-017 TO VACATE A PORTION OF THE 4 LAKE MAINTENANCE AND DRAINAGE EASEMENT WITHIN TRACT F. 5 ACCORDING TO THE PLAT OF "KETCH CAY AT WINDSTAIL UNIT TWO" 6 AS RECORDED [lq PLAT BOOK 23. PAGES 63 AND 64, PUBLIC RECORDS OF 7 COLLIER COUNTY, FLORIDA. 8 9 WHEREAS. pursuant to Section 177.101. Florida Statutes. Gary Butler, P.E.. as agent for the 10 petitioner. Ericksen/Ketch Cay Corporation, does hereby request the vacation of the above-described 11 easement; and 12 WHEREAS. the Board has this day held a public hearing to consider vacating said easement as more 13 fully described below, and notice of said public hearing to vacate was given as required by law: and 14 WHEREAS. the granting of the vacation will not adversely affect the ownership or right of 15 convenient access of other property owners. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. 19 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified 20 copy of this Resolution in the Public Records of Collier Coun .ry. Florida, and to make proper notation of this 21 vacation on the recorded plat as referenced above. 22 This Resolution adopted after motion, second and majority, vote favoring same. 23 24 25 26 27 28 29 3O 31 32 33 DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Coun .ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman JUL 2 8' 1998 Antonio Trigo, PLS President A. TRICO & ASSOCIATES, INC. Professional Land Surveyors 2223 Trade Center Way Naples, Florida 33942 B,,I q"loot7 (941) 594-844~ FAX (941) 594-0554 LEGAL DESCRIPTION A s%rip of land lying in and being a portion of Tract Ketch Cay, Unit Two, Plat Book 23, Pages 63 through 64, Public Records, Collier County, Florida and being more particularly described as follows~ BEGINNING at the westerly corner of Lot 37, Ketch Cay, Unit One; Thence run southeasterly along the westerly boundary of lots 36 and 37, Ketch Cay, Unit One, as recorded in Plat Book 23, Pages 48 and 49, of the Public Records of Collier County, Florida, the following two courses~ 1. Thence South 53'45'52' East a distance of 80.03 feet; 2. Thence South O1'47'O2" East a distance of 28.85 feet; Thence North 35'10'58' West a distance of 49.93 feet; Thence North 46'04'18' West a distance of 50.93 feet to the POINT OF BEGINNING of the parcel herein described. Containing 669.24 square feet. Prepared lay, .1.,.8. ra Certificate No. July 15, 1997 2982 sheet 2 of 2 for Sketch of Description. JUL 2 fi 19~8 ~., ~ SKETCH OF DESCRIPTION Westerly corner of Lot 37, · Ketch Cay, Unit One ILot 38I Lot 37'"I ;=.O.B. ILot 361 Tract "F" LM.£. · D.£. Ketch Cay Unit Two PB. 2J P9s. 65-64 NOT A SURVEY A_ TRIGO & ASSOCIATES, INC. DATE: ~ ~E C~ WAY N~, ~X ~42 SHE~ ~ Of ~ GENERAL NOTES: l P.O.C. indicates Point of Commencement P.O.B. ind'.:~es Point of Be~innin~ NI 4~F(ances are ;n f~ a~ d~mo~ ~f. ~dngs are ~ on ~e N~.~ of ~t 57. ~in9 S.~49'0~W. July 15, 1997~ ~' ~ S~: NJ.S. R~ NO. 94.O211.14 Jr- ERICKSEN / KETCH CAY CORPORATION ~318 TRAIL BOULE'YARD NAPLES. FL. 34108 Ill O Ill BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 RECEIVED FROM Ericksen/Ketch Cay Corporation ADDRESS6318 Tcatl Blvd. DATE ~/13 .19 98 CHECKNO.O01~3~ DESCRIPTION Petition lAY 97-017 INVOICE NO. I01 101 COST CENTEfl 163610 163610 eY Terr! Heyer CUSTOMER COPY BANK OF FLORIDA O6.r8S m4OJI/CT 329100 00000 329100 00000 ~ x 500.00 I000.00 106072 001619 NO. 1619 *** Plve ~ & Ko/lO0 Dollars *** DATE 07/07/97 $500.00 P~ NO. t,,l(cl O) J U L 2 ~ P~ITtON To VACATE, ABA)(DO)(, DISCONTINUE~ OR CLOSE Publ.tc Street ' A1 leyway Subdivision Plat Dedicated Easement Utility Drai n'age Date Received:.l '7-~-~ Petitioner:* EriFz~'~'~') /i~-/~/q ~! Address: /_~ I$ -7-,.~i1' ~}~,'~, / City/State: · ~/~. ~ Agent: ~~ ~q~'n~nq ~ . ~dress: ~ ~~_~~ ~ ty/State: ~n~/~ ~ F~ Address of Subject Property: City/State: Location: Section Legal Description: Maintenance ~ Other {explain) , Petition No: F~-,V q~-~/~ Telephone:, ~ - _-~-~ Zip Code: _~4-1~ S~ Telephone: _~&&- J~ Zip Code: _~4 ~Dc/ / Zip Code: Townsh i p ~C~ Range Plat Book: ~7~C~Reason for Request:_ Current Zoning:. Page(s): Does this affect density? I Hereby Authorize Agent Above to Represent .He for this Petition: Yes ~ ~ g ~ t u r~'-o.f Pet i,t ion-er Please see "Policy and Procedures supportive materials which must accompany this'petition, and deliver or mail to: ~iO of Vacation ~nd Annulment" for the list of" Transportation Services Division Collier County Government Complex Bldg. "D" Naples, FL 33962 Telephone: {813) 774-8260 *(I) If applicant is a land trust, so indicate and name beneficiaries. /(2) If applicant is corporation other than a public corporation, so indicate / and name officers and major stockholders. / (3) If applicant is a partnership, limited partnership or other business / entity, so indicate and name principals. ' / {4) If applicant is an owner, indicate exactly as recorded, and list all other ! owners, if any. .I (5) If applicant is a. lessee, attach a copy of lease, and indicate actual ' owners if not indicated on the lease. \ RDH:010792:151 , . ' ii ~o ' j~?~ll~l~) '/ ~ ~.-~'l-~ ~ ,%'.;~;~!~0~ ~ ~ ~'~ ~~ '-- ..'-.. Quitclaim Deed TbL~ Quitclaim Deed, Made tins W~'Realty, Inc., an Ohio corpora:ion, q'7- /7 · 199;A O , Bet~een 0f~C~..{ Collier , s~.t Florida Ericksen/Ketch Cay Corporation, a Florida corporation, , grantor, -~-~,.,,,s. 6518 Trail Boulevard, Naples, Florida 34108 ,grant~. %V[~se~ ~t~ Olt, ab~O~ ~~n~.~ ~ ............................. .................. TEN & N0/100($10.00} ..................... Tract "N", WiNDST~, accc:d~n9 co :he plat thereof recorded in Plat Book 14, Pages il :brough 15, ~blic Records of Collier Coun:y, Florida, !ess and ezce~t %he following: ~:s !, $, 3. 4, 5. 36, 37, 38, 39, 40, 41 and 42, FETCH CAY AT WiNDST~, Unit One. according %o the plat thereof recorded in Plat Book 23, Pa~e 48, Public Records of Collier County, ~'i:rada. and Lots 26, 27, 28, 29, 30, 3~, 32, 33, 34 and 35, KET~ ~Y AT W2NDST~., Un~ Two, according :o :he plat :hereof recorded in Pla: Book -'23~Page 63, Pub!i: Records of Collier County, Florida, and LOt~ 6, T, 8, 9, 10, ~l, 12, 3,3, 14, 22, 2~, 24 and 25, KETCH ~Y AT WiNDST~, Unit Three, according to the plat :hereof recorded in Plat Book 24, Page 29, ~bllc Records of Collier County, Florida. SUBJECT TO RZSTR~CTION$, RESERVATICIi5 AND EAS~IENT$ OF RECORD, Ir At;':. AND TAXES SUBSEQUENT TO 1996. t~. )~ S11 ~ C~. ~hL ~. ~c~. I,:n, ~ul~ L'M Oa~ ~er Of [~Ot. Cl&r m law or e~a~, for in 11'i~ Whereof. ~ I~r ~t ncr~ ~t Mr Sil~, ~1~ and ddi~et~le~ur pt~ence: WS Realty, Inc. , a~ Ohio ~'~:~e~ / ' '~"" ~ ~ ~ ~, ~ ~(,~ ~ ~ ~ Susan J. ~anson, Vice President c: WS Realty, Inc., an Ohio c:r~ra: ion. , co~.. ws-~R~c~ / ~O~NTY NOTICE OF 1997 COLLIER ~%- IN NOV ~ 3% £SCOUNT EARNED ' OU~l* ¥~ ~...,..,.......- ~ ~ pl~l-'Ll¢ Alt. T AD VALOREM TAXES AND NON-AD VALOREM ~SSE~SMEN S IN ~FEB I 0% IN M IN DEC ~ 2Z IN JANo~l% , AUTHORITY VALOAIM COUNTY SCHLIOL · STATE SCHOOL- LOCAL cr~ DEPENDENT WATER MGT. ~LE POE .767~ - 5620 i 682] ) 1997 TAXES DUE 15 215~ 2 --~ TRACT F (DE) 0000052770002108 0000000000 F,~I~S~ SlDc ;0; FU~H;R INg:ORMATION .00 PAY IN U.S. FUNO$ TO; COLLIER COUNTY TAX COLLECTOR COURTHOUSE COMPLEX- BUIL~ING C-1 NAPLES. FLORIDA ~4112-4997 mm~coDE I 63 I ~$c.owcoo~ '1 WS REALTY INC 4343 YACHT HARBOR DN NAPLES FL 3'4112-4225 JUL 2 B I~,BB Ap! Pg F~ UT UL 8~ FCIC2] OC[TR] ID[527788827551188888888888][ F0LIO STRAP 188255 325A23 ORB/P[ 2168]/[1718] SALE DATE [21][8396] $ AHT [ 81 ACRES I ,88] TR5->[58][25][23] LEGAL-/ -2 -3 -4 [52778882755] OYNER> HOORE TR, ROBERT J UTD TR #2 9/13/95 1773 YORK iSLAND DR NAPLES KETCH CAY AT YlNDSTAR UNIT 2 LOT 32 CURRENT-EX-AHT HHSTD-X ~ [ 25888] 1862-X ~ [ 8i CIU-X 9 [ 81 UET-X 9 [ 8l BLD-X ~ [ 8! UID-X 9 [ 81 AG-X ~ ! 8] I~I-X 9 [ 8] HILL-CODE [ 631 HILL-RATE [15.2152] -1997- -1997 TAX ROLL- FL 34112 4272 AREA XA CERT-~G-UAL CERT-97-UAL [ 811 LND 9[ 368881 [ 728881 L-USE IHP 9I 178756] [ 177251] HKT 9[ 266756] [ 249251] ASD~AGADJ 9[ 286756] [ 249251] TAXABLE 9I 286756i [ 249251] CNTY 9[ 928.841 ftSTU9[ 191.28] S-SL 9[ 1454.131 GIXB 91 148,881 S-LB 9[ 645,56] ISD 9[ 419,27] CITY 9[ ,OB] UADP 9[ 13,33] (1997 TAXES) TOTAL 9[ -CERTIFIED- LOCATION iNA YORK ISLAND DR 1773] 3792.41i RES477 04/27/1998 03:25 PM .o. / re)CU JUL 2 8 1598 Rp! Pg Fn UT UL FCIC2] OC[NR] ID[52776862852][96666966666)[ FOLIO STRAP 166255 345fl23 ORB/PI 23fi4]/136461 SALE DATE [26111197] $ AHT [ 9] ACRES [ .88] TRS->[56][25][23] LEGAL-1 -2 -3 -4 [52778662852] Ot~INER> NELEHAN, ANNE K 1781 YORK ISLAND DR NAPLES KETCH CAY AT HINDSTAR UNiT 2 LOT 34 CURRENT-EX-AHT HHSTD-X 8 [ 25668] 188~-X 8 [ 6] CIU-X 8 [ 6l UET-X 8 [ 6] BLD-X 8 [ 6) ~ID-X 8 [ 596] AG-X 8 [ 8] UH-X 8 [ 61 -1997 TAX ROLL- HiLL-CODE [ 63] HILL-RATE [15.2152] -1997- FL [ 61] LND L-USE iHP HKT ASD+AGADd TAXABLE CNT¥ S-SL 8[ S-LB CiTY 34112 4272 AREA HA CERT-gG-UAL CERT-97-UAL 36666] [ 72696] 6] [ 161668]~ 36669] [ 36666] [ 36669] [ 868,52] HSTU 8[ 1359,72] UHB 8[ 663,65] iSD 8[ ,66] UflDP8[ 2339G8] 233668] 2339G8] LOCATION INA YORK ISLAND (1997 TAXES) TOTAL 8[ -CERTIFIED- DR 1781] 178.791 136.98] 392,64] 12.47] 3546.17 ] RES477 04/27/1998 03:26 PM Rp! PQ Fm UT UL 8__ FCIC2] OC[NR] ID[52778862984][88888888888][ FOLIO STRAP 168255 355fl23 ORB/P[ 2258]/[1338] SALE DATE [ 9][1296] ~ AHT [ 385888] ACRES [ .68] TRS->[SB][25][23] LEGAL-t -2 -3 -4 [52778882984] OI~IER> NIX, GEORGE F=& BETTY A 1785 YORK ISLAND DR NAPLES FL KETCH CAY AT Y]NDSTAR UNIT 2 LOT 35 CURRENT-EX-AHT HHSTD-X 8 [ 8] 1882-X 8 [ 8] CIU-X $ [ 8] UET-X ~ [ BI BLD-X ~ I 8] gID-X 8 i 81 AG-X 8 [ 8 ] UH-X 8 [ 81 -1997 TAX ROLL- HILL-CODE [ 63] HILL-RATE [15.2152] -1997- 34~12 4272 CERT-gG-UAL [ 81] LND L-USE IHP HKT ASD{AGADJ TAXABLE AREA NA CERT-97-UAL 36868] [ 72888] 8] [ 145968] 36688] [ 217968] 3688B] [ 217968] 36888] [ 217968] CNTY ~[ S-SL ~[ S-LB 8[ CITY ~[ 812.23] HSTU ~[ 1271.58] UXB ~[ 564.52] lSD ~[ ,88] UADP~[ LOCATION INA YORK ISLAND (1997 TAXES) TOTAL $[ -CERTIFIED- DR 17851 167.19] 122.49] 366.631 11.661 3316.38] RES477 04/27/1998 03:26 PM J V L 2 8 'iS98 Apl Po Fm UT UL 8__ FC[[~2] OC[NR] ID[52776693424][68686866666][ FOLIO STRAP 168257 ORB/P[ 2246]/[ 756] SALE DATE [17l[1896] $ AHT [ 265688] ACRES [ .88] TRS->!58][2511231 LEGAL-1 -2 -3 -4 [52778883424] OIJNER> UINCENT, BOYD H 65A23 UINCENT, CAROLYN H 4146 PARKRIDGE PL RAPID CITY KETCH CAY AT YINDSTAR UNIT THREE LOT 6 CURRENT-EX-Al'fi' HHSTD-X ~ [ 8] 168X-X ~ [ 81 CIU-X ~ [ 81 UET-X $ [ 8] BLD-X $ [ 81 ~ID-X 8 ! 61 AG-X 8 [ 8] ~H-X 8 [ 81 -1997 TAX ROLL- HiLL-CODE [ 631 HILL-RATE !15,2152] -1997- SD 577a2 6825 AREA NA CERT-96-UAL CERT-97-UAL [ 81] LND 8I 36888] [ 72888] L-USE IHP 81 8] [ 154414] HKT $[ 36888] [ 226414] ASD+AGADJ 8[ 368881 [ 226414] TAXABLE 8[ 36888] [ 226414] CNTY 8[ 843.73] HSTU ~[ 173.68] S-SL 8[ 1328.98] YXB 8[ 127.24] S-LB $[ 586.41] ]SD $[ 388,85] CITY ~l .88] UADP ~[ 12.11] LOCATION INA YORK ISLAND (1997 TAXES) TOTAL -CERTIFIED- DR 1786] 3444,92] RES477 04/27/1998 03:22 PM Apl P9 F. UT UL 8__ FCIC2] OC[NR] ID[52778888384][88888888688]1 FOLIO STRAP 188258 ORB/P[ 2153]/[1288] SALE DATE [29l[8296] $ flHT [279586] ACRES [ .88i TflS->[56][25][14] LEGAL-1 -2 -3 -4 [5277888838410UNER> EBERHARD, JURG=& ELUIRA 15A14 FURKASTR 32 3988 BRIG SUITZERLRND KETCH CAY AT UINDSTflR UNIT ONE LOT ! CURRENT-EX-RXT HHSTD-X 8 ( 81 1882-X 8 [ 8] CIU-X 8 [ 81 UET-X 8 [ 8] BLD-X 8 [ 8] UID-X 8 [ 81 flG-X 8 [ 81 UtI-X 8 [ 8] HILL-CODE [ 63] HILL-RATE 115,2152] -1997- -1997 Tflx ROLL- AREA NA CERT-gG-UAL CERT-97-UAL ( 81] LND 8[ 36888] [ 72888] L-USE IXP 8[ 138858] [ 143293] MT 8[ 174858] [ 215293] RSD~RGADJ 8[ 174658] [ 215293] TAXABLE 8[ 174858] [ 215293] CNTY 8[ 882.29] HSTU 8[ 165.15] S-SL 8[ 1256.82! UXB 8[ 128.99] S-LB 8[ 557.61] lSD 8[ 362.14] CITY 8[ .88] UflDP8[ 11.52] LOCATION [Nfl CHRIST]Nfl (1997 TAXES) TOTAL 8[ -CERTIFIED- CT 4998] 3275.72] flES477 04/27/1998 03:28 PM Rp! Po Fm UT UL 8~ FC[~2] OC[NR] ID[52778688359][88888888088][ FOLIO STRAP 166259 ORB/P[ 2616]/[1629] SALE DATE [36][1294] $ ANT [ 295596] ACRES [ .96] NAPLES TRS->[58][25][14] LEGAL-! KETCH CAY 8T Y]NDSTflR UNXT ONE -2 -3 -4 HHSTD-X 1882-X CIU-X UET-X BLD-X YlD-X AG-X UH-X [52779969359] OILIER> SCOTT° NORHAN R=& CRROLVN d 25814 4994 CHRiST]HR CT LOT 2 HiLL-CODE [ 63] 61 HILL-RATE 61 [15.2152] 61 -1997- 61 91 CURRENT-EX-flHT $ [ 25666 ] ~[ 6] $[ 81 $[ -1997 TAX ROLL- FL 34112 4278 AREA NA CERT-gG-UAL CERT-97-UAL [ 61] LND gl 36666] [ 72696~ L-USE iHP ~[ 157762] [ 163738 HKT ~[ 193762] [ 235738] flSD~RGADJ ~[ 193762] [ 199575] TAXABLE $[ 1G87G2] [ 174575] CNTY 8[ 656.55] XSTU 9[ 133.91] S-SL 8[ 1618.471 UHB ~[ 98.11] S-LB ~[ 452.~5] lSD $[ 293.65] CiTY ~[ .66] UADP ~[ 9.34] (1997 TAXES) TOTAL -CERTIFIED- LOCATION iNA CHRISTINA CT 4994] 2656.18] RES477 04/27/1998 03:29 PM .o. JUL Z 8 I~,98 PG._/..,~"' Rp.I. Pa F. UT UL 8__ FC[~2] OC[N~] ]D[5;:/76666461][96666666666][ FOLIO STRAP 166256 ORB/P[ 26251/[19441 SALE DATE [ 36 ] [ 9195 ] 9 AHT [ 2726691 ACRES [ ,66] TRS->[561125][1-4] LEGAL-i 198X-X 9 [8] CIU-X 9 [ e] UET-X BLD-X ~XD-X ~ [ 6] RG-X [ e] UH-X ~ [ 61 [52776966481l OUNER> FINK, KARL R=& DIANE 35A14 4996 CHRISTINA CT NAPLES KETCH CAY AT UINDSTAR UNiT ONE LOT 3 HILL-CODE [ 631 -1997 TAX ROLL- FL 34112 4276 AREA NA CERT-9£-UAL CERT-97-UAL [ 81l LND 9[ 36669] [ 72669] L-USE IHP 9[ 184732] [ 191766] MT $1 226732] [ 263766] ASO+AGADJ 9[ 226732] [ 227354] TAXABLE 9[ 195732] [ 262354] HILL-RATE [15.2152] -1997- CNTY 91 754.68] HSTU $[ 155.231 S-SL 91 1188.53] YHB 9[ 113.72] S-LB 9[ 524.18] ISD 9[ 346,38] CITY 9[ .66] UADP 9I 18.83] LOCATION iNA CHRISTINA (1997 TAXES) TOTAL 9[ -CERTIFIED- CT 49~9] 3978.87] RES4?? 04/7_7/1998 03:29 PM Rp! Po F~ UT UL 8__ FCIC2] OC[NR] ]D[52776666456][66666666686][ FOLIO STRAP 168256 ORB/P[ 2828]/[ 843] SOLE DATE [13l[6195] 9 RHT [ 213699] ACRES [ .69] TRS->[56][25][14] LEGflL-1 -2 -3 -4 [52776696456] Ot~IER> HULLEE, CYRIL F=& UIRGINIA H 45914 4986 CHRISTINA CT NAPLES KETCH CAY fiT YINDSTflR UNIT ONE LOT 4 OR 2626 PG 843 CURRENT-EX-AHT HHSTD-X 9 [ 25666] 1662-X 9 [ 6] CIU-X $ [ 9] UET-X 9 [ 6] BLD-X ~ [ 9] glD-X 9 [ 6] AG-X 9 [ 91 ~H-X 9 [ 61 -1997 TAX ROLL- HILL-CODE [ 63] HILL-RATE [15.2152] -1997- FL 34112 4279 AREA NA CERT-96-UAL CERT-97-UAL [ 61] LND 9[ 36999] [ 72666] L-USE IHP 9[ 139913] ! 145216]q HKT 9[ 175913] [ 217216] ASD+AGADJ 8[ 149736] [ 154228] TAXABLE 9[ 124736] [ 129228] CNTY 9[ 481.571 HSTU 91 99,13] S-SL 9[ 753.92] gHB 9[ 72.63] S-LB 9[ 334.78] ]SD 9[ 217.37] CITY 8[ .98] UADP 9[ 6.91] (1997 TAXES) TOTAL 9! -CERTIFIED- CT 4986] LOCATION INA CHRISTINA 1966,23] RES477 04/2711998 03:29 PM JUL 2 8 1598 ~. /7 Rp]. Po F. UT UL e~ FC[~2] OC[XR] ID[52778888588][88888868888][ FOLIO STRAP 188258 55A14 4982 CHRISTINA CT ORB/P[ 2878]/[ 146] SALE DATE [12]18795] 9 RI'fi' [ 254686] ACRES [.96] NAPLES TRS->[ 56 ] [ 25 ] [ 14 ] LEGAL-1 KETCH CAY AT ~iINDSTflR UNIT ONE -2 -3 -4 [52776969568] OYNER> SRBELLfl, flONALD R=& ANDREA C LOT 5 HILL-CODE i 63] HILL-RATE [15.2152] -1997- CURRENT-EX-AHT HHSTD-X $ [ 25669] it169~.-X 9 [ 6] CiU-X 9 [ 6] ' UET-X S [ 8] BLD-X 9 [ 6 ] YID-X 9 [ 6 ! RG-X 9 [ 9 l I~i-X 9 [ 6] -'1_997 TAX ROLL- FL 34112 4278 AREA NA CERT-gG-UAL CERT-97-UAL [ 61] LXD 9[ 36669] [ 72666] L-USE IHP 9[ 157116] [ 163188] HKT 9[ 193116] [ 235169] ASD+flGADJ 9[ 193116] [ 198989] TAXABLE 9[ 168116] [ 173989] CXTY 9[ 648,67] HSTU 8[ 133.46] S-SL 9[ 1614.59] YHB 9[ 97.74] S-LB 8[ 456,42] ISD 9[ 292,53] CITY 9[ .66] UADP 9[ 9,36] (1997 TAXES) TOTAL SI -CERTIFIED- LOCATION INA CHRISTINA CT 4982] 2646.65 ] RES477 04/2711998 03:30 PM ,o. /,,?. JUL 2 8 1928 Rpl Po F~ UT UL FCIC2] OC[I~] 1D[52776966762][66686666666][ FOLIO STRAP 166256 395R14 ORB/P[ 2627]/[1698] SALE DATE [ 6][9295] $ AHT [ 247696] ACRES [ .69] TRS->[56][25][14] LEGAL-1 -2 -3 -4 [52778696762] OUNER> KROG, DONALD=& SUSAN 49£6 BOLLARD CT NAPLES FL KETCH CAY AT WINOSTAR UNIT ONE LOT 39 CURRENT-EX-AHT HHSTD-X $ [ 25669] 169~-X ~ [ 6] CIU-X $ [ 6] UET-X $ [ 61 BLD-X $ [ 6] WlD-X ~ I 6 ] AG-X $ [ 6 ] UH-X $ [ 81 HILL-CODE 1 HILL-RATE 115.2152] -1997- -1997 TAX ROLL- 34112 4269 AREA HA CERT-gG-UAL CERT-97-UAL 36669] [ 72666/ 175885] ! 182568 211885] [ 254568] 211885] [ 218242] 186885] [ 193242~ [ 61] LND $[ L-USE IHP $[ HKT ~[ flSD+AGADJ $[ TAXABLE $[ CNTY ~l 726.111HSTU ~[ 148.23] S-SL ~[ 1127.371 UHB $[ 168.69] S-LB $[ 599.56] lSD $[ 325.85] CITY $l .86] UADP ~! 18.34] LOCATION [NA DOLLARD (1997 TAXES) TOTAL $[ -CERTIFIED- CT 4%6] 2949.26] RES477 04/'27/1998 03:31 PM Rpl Po Fn UT UL B FCI~Z] OCINRi ID[52779666757][66666666966][ FOLIO STRAP 1.88258 485A14 ORB/P[ 2~.251/[2371] SALE DATE [ 9118996] 9 ANT [ 383888] ACRES [ .88 I TRS->[58][25][1-4] LEGAL-1. -2 -3 -4 [52778888757] OIJNER> OXFORD, LAXAR T=& BOBBiE R 4962 BOLLARD CT NAPLES KETCH CAY AT YINDSTAR UNiT ONE LOT 48 CURRENT-EX-Am HHSTD-X 9 [ 25888] 1882-X 9 [ 81 CIU-X 9 [ 81 UET-X 9 [ 81 'BLD-X 9 [ 8] ~ID-X .9 ! 8l AG-X 9 [ 8 ! ~H-X 9 [ 81 HILL-CODE [ HILL-RATE [15,2152] -1997- -1997 TAX ROLL- FL 34112 4269 AREA NA CERT-96-UAL C~RT-9?-UAL [ 81.l LND 9[ 36888] [ 72888l L-USE IXP 9[ 8] [ 1848751 HAT 9[ 36888] [ 256875] ASD+AGADJ 9[ 36888] [ 256875] TAXABLE 9[ 36888] [ 231.875] CNTY 9[ 861.18l HSTU 9[ !77.26l S-SL 9[ 1348,89l NHB 9[ 129,87] S-LB 9[ 598.48] lSD 9[ 388,69] CITY 9[ ,88] UADP 8[ 1.2,36] (1997 TAXES) TOTAL -CERTIFIED- LOCATION INA BOLLARD CT 4962l 3515.851 RES4?? 04/2711998 03:31 PM J U L 2 u Po. Rp! Po F~ UT UL FCIC2] OC[NR] I0152776696869][66696666666][ FOLIO STRAP 166256 415A14 ORB/P[ 2396]/[ 498] SALE DATE [ 9][6398] 8 AHT [ 288269] ACRES [ ,66] TRS->[56][25][14] LEGAL-! -2 -3 -4 [52776666869] OIJNER> BUTORAC, DONALD=& SUZANNE 5363 DUNDAS ST Y ETOBICOK, ONTARIO CANADA KETCH CAY AT UINDSTAR UNIT ONE LOT 41 CURRENT-EX-AHT HHSTD-X 8 [ 6] 166~-X 8 [ 6] CIU-X 8 [ 6] UET-X 8 [ 9] BLD-X 8 [ 6] ~ID-X 8 [ 6] AG-X 8 [ 6] I~I-X 5 [ 8] HILL-CODE [ 63] HILL-RATE [15,2152] -1997- -1997 TAX ROLL- HgB I B1 CERT-gG-UAL [ 96] LND 5[ 36866] [ L-USE IHP 8[ 9] [ HKT 5[ 36666] [ ASD+AGADJ 8[ 36969] [ TAXABLE 8[ 36698] [ AREA XA CERT-97-UAL 36666] 36669] 36966] 36666] CNTY 8[ 134,161HSTU 8[ S-SL 5[ 218.62] IJltB 51 S-LB 8[ 93.24] ISD 81 CITY 5[ ,66] UADP 8[ 27.62] 26.23] 69.56] 1,93] (1997 TAXES) TOTAL 5[ -CERTIFXED- LOCAT[ON INA BOLLARD CT 4958] 547.76] RES477 04/27/1998 03:32 PM JUL 2 8 IS9S Ap! Pg Fm UT UL 8~ FC[~2i OC[NR] ]D152778686854][89698668988]! FOLIO STRAP 188258 425A14 ORB/P[ 2361]/12682] SALE DATE [ 18 ][ 1197 ] 8 AXT [ 334969] ACRES [ .99] TRS->[58][25][14] LEGAL-1 -3 [52778888854] OUNER> DRUEN, JERRY E DRUEN, JOLENE D 4959 BOLLARD CT NAPLES KETCH CAY AT UINDSTAR UNIT ONE LOT 42 CURRENT-EX-AHT HHSTD-X 8 [ 8 ] 1862-X 8 [ 8 ] CIU-X 8 [ 8] UET-X $ [ 8 ] BLD-X $ I 8 ] IJID-X 8 ! 81 AG-X S [ B ] I~-X S I 81 -1997 TAX ROLL- HILL-CODE [ 631 HILL-RATE [15.2152] -1997- FL 34112 4269 AREA NA CERT-96-UAL CERT-97-UAL [ 81] LXD 81 36888] [ 36888] L-USE IXP 8[ 8] [ 8] HXT 8[ 35668] [ 36666] ASD~AGADJ 8[ 36686] [ 36866] TAXABLE 8[ 36668] [ 36668] CXTY Si 134,161 XSTU 8I 27.62] S-SL 8[ 216.92] UXB 8[ 29.23] S-LB SI 93.24] ISD 8[ 66.56] CITY 8[ ,6~] UADP 8[ 1,93] (1997 TAXES) TOTAL -CERTIFIED- CT 4959] LOCATION INA BOLLARD 547.761 RES47? 04/27/1998 03:32 PM ..4 JUL 2 8 1598 ~L BUTLER engineering, irlc. 1~y 14,1997 Mx. Richard Thompson South Florida Water Management Dis~ict 2301 McGregor Bottlcva~ Fort Myers, Florida 33901 Ketch Cay Subdivision (~ Windstar PUD S FIA'M3} #I 1-00210..S Section 23, T 50 S, R 25 E Dear Richard, This letter serves to ,-¢quest a letter of excmpdon for some very minor m~lL~c~ti~n~ to the existing rout'ace water management s)~-lcm. K,ach Ca)' (Tract N. Windstar PUD) was permitted 3 )~rs ago. The onsite water management lakes w~re augmented by and additional 0.5 acrc of excavated lake with no request for "credit" to thc original master g~stcm. We would now like to fill in less than 0.02 acr~ of thc cxisting lak~ to allow a slight cxpa~ion of two cxi~ng lots in K~u:h Cay Unit 1. The attached plan shows thc propesed lake reduction as well as ~ original lake expa~on. Thc exemption letter is required in order to vacate the slight reduction in thc existing platted drainagc easement. Plca~ call with any question~. ..gi~ering. Inc. 2223 TRADE CENTER WAY NAPLES, FLORIDA 33942 TELEPHONE (94'~) ~ - 3636 FAX (94'1) 566 - '1327 .o. JUL 2 B WllVDSTAR MA~TER ASSOCIATION, IA'C. Architectural Review Cotrimittee 4343 Yacht Harbor Drive Naptez. Florida 34112 MEMORANDUM ¢,Vq7-017 D~Tc: To~ Re; David EF. ck.~a Efickzcn Commurfitics, Debra Brtu~r, N~gcr ~~ Review ~quc~ - M~i~ los 36 & 37 of ~h Cay Thc Wir~Ir, ar Mazter ~iation haa ao objccAon to your ~.~st to mo~ ~ l~ ~~c ~t on 1o~ 36 & 37 of U~t 2. K~ Cay, continent u~n: l ~ %e Colli~ Coun~ Bo~d oC ~ssicn~ a~v~. ~ to thc ~:a ~i~ "v~d", T) No lake../iak: balk al~t.tic, n will occur. · -- ,, .,'>' (/' W. Tbomaa'~fimm , Ctm-ics Sbrr~ Fr~.~ O'Neil Approved and AcL~owledged aS per sketch attac, ned and L% above: David Efic~n .o. JUL 2 8 Windstar Club Architectttral Review Committee 4343 Yacht Harbor Drive Naples, Florida 34112 14 lcJc~ 01:3~I:~1 P2 To: From: Re: May 12, 1998 David Ericksen Erieksen Communities, Inc. W. Thomas Grimm, President Architectural Review request - Modify lots 36 & 37 of Ketch Cay The Windstar Club has no objection to your request to modify the lake maintenance e~ement on lots 36 & 37 of Unit 2, Ketch Cay. contingent upon: I ) Tile Collier County Board of Commissioners approval, prior to thc area being "vacated", and 2) No lake/lake bank aherafion ~511 occur. W. Thomas Grimm. President Dated Approved and Acknowledged as per sketch attached and the above: David Ericksen Ericksen Communities, Inc. JUL 2 8 1998 ~..27 pq-o/'7 D~ar 1~. Boldt: Attacl~ plcls~ find Ibcet showln$ D.~. ~u~on pro~. ~o ~g d~g° ~m~t is b~ff va~t~ f~ ~s i~t~n I~d allow y~ o~ tO ge~rato ~ ~uir~ ~t~ of~o ~j~on" for t~ h~hm to ~. ntn'L~ ~No~O, ~C. objection.to tho sub. j~ct vacation(S) as d~,~x~ Bbove. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENWIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRI~-I~ .~APLES. FLORIDA 34104 November 24, 1997 Ms. Debbie Beecroft Butler Engineering, Inc. 2223 Trade Center Way Naples. FL. 34109 RE: Ketch Cay at Windstar / Drainage Easement Vacation Lots 36 & 37, Unit One Dear *Is. Beecroft: We have reviewed the proposed vacation of drainage easements across th: back of Lots 56 and 37, Ketch Ca)' Unit One. We have "no objection" to the proposed vacation, provided plans are submitted to this office for any filling of the lake. Ill can be of any further assisumce to you h~ this regard, please let me km.w. Sincerel?. John R. Houldsworth Senior Engi~eer Builr!.me -~t ....,~v & permitting Houdini[ & C:''~:~n Improvemen~ {941) 403-2400 (941) 403-2440 t9411 403-2330 Natural Re~ou~rce Planning Ser'~ice: Pollu~on Control ~ ,,/ q q- O ! r'{' LETTER OF AUTHORIZATION Date: July 14, 1997 SUBJECT: KETCI~ CAY SUBDIVISION Section 23, Township 50S, Range 25E To Whom It May Concern: Please be advised that Butler Engineering, Inc. has been officially engaged to serve as Engineer of Record in the permit process for the subject project. I. Gary Butler of Butler Engineering, Inc. is hereby authorized to act as agent for the owners. Sincerely, David C. Eficksen Vice-President The foregoing irmmment was acknowledged before me this /4'~ day of ,.~/2.] q , 1997 by David C. Ericksen, who is personally known to me ~-~ ~-~o did not take arf oath. My Commission Expires: Notary Public .o. th(c) ~ I~ JUL 2 8 lg98 EXECUTIVE SUMMARY PETITION CCSL-98-4, BRETT D. MOORE, P.E. OF HUMISTON & MOORE ENGINEERS, REPRESENTING A.C. AND DOROTtlY C. SCHEPPNER, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR THE RECONSTRUCTION OF AN EXISTING RESIDENCE LOCATED AT LOT 33, BLOCK A, RE-PLAT OF UNIT 1 CONNER'S VANDERBILT BEACH ESTATES, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner requests a variance from the Coastal Construction Setback Line (CCSL) to allow for the reconstruction of an existing single family residence (See Exhibit A). CONSIDERATIONS: The subject property is a single family residence located on the west side of Gulf Shore Drive, Lot 33, Unit One, Block A, Replat of Conners Vanderbilt Beach Estates. A single family home currently exists seaward of the CCSL. The proposed project will allow reconstruction of the existing house and add more living space and a lanai. All proposed improvements will be located landward of the existing CCSL variance line established by the current home. Additionally, the proposed project will be no more seaward than the existing building. The petition is consistent with the Collier County Land Development Code, Division 3.1.3.5.1, FISCAL IMPACT: Approval of this petition would have no fiscal impact to the County. GROWTH MANAGEMENT IMPACT: The request is consistent with Goal 1 I, Objective 11.4, Policies 11.4.1 through 11.4.8 of the Collier County Growth Management Plan, Conservation and Coastal Management Element. 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. IJUL 2 8 1998 BECOMMENDATION: Staff recommends approval of Petition No. CCSL-984 subject to the following Stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Depmiment of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall in.~ll appropriate signs in the re-vegetation area indicating that beach users are requesled not to intrude into this re-vegetation area. 7. Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-984 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. - JUL 2 8 1998 Pg.. PREPARED BY: BARBARA S:BURGESO]~ ENVIRONMENTAL SPECIALIST II CURRENT PLANNING SECTION PLANNING MANAGER 'RO~RT J. MULI-IERE, AICP PLANNING SERVICES DEPAR~ DIRECTOR VINCENT A. CAIfrERo, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE JUL ~, 8 1998 i I EXHIBIT "A" 1 ! 6 ? $ 9 I! 14 t~ t6 19 2O 2! 2~ 26 29 3o 34 3~ 36 39 41 42 46 47 ~9 ~o RESOLUTION NO. 98- RESOLUTION APPROVING PETITION CCSL-98-4. REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW TIIE RECONSTRUCTION OF AN EX~STING RESIDENCE LOCATED AT LOT 33, BLOCK A, RE-PLAT OF UNIT I, CONNER'S VANDERBILT BEACll ESTATES, SECTION 29. TO~A,~SHIP 48 SOUTtL RANGE 25 EAST. COLLIER COUNTY, FLORIDA. WHEREAS. Brett D. Moore. P.E. of Humiston & Moore Engineers. representing A.C. and Dorothy C. Scheppner. requests a variance from the Coastal Construction Setback Line {CCSL). as required by the Collier County Ordinance 91-102. Division 3.13. ~s amended, to allow for the reconstmetion of an existing single family residence (See Exhibit A): and WHEREAS. the proposed reconstruction is approximately 50 feet seaward of the CCSL and will be no more seaward than the existing building: and ~vTIEREAS. the petition is consistent with the Collier County Land Development Code. Division 3.13: and WHEREAS. the request is consistent with Objective I 1.4 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan: and WHEREAS. Ordinance 91-I02 Section 3.9.6.6 requires removal and maintenance for prohibited exotic vegetation. NOW. THEREFORE, BE IT RESOLVED BY TilE BOARD OF COIv,'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: Variance Petition CCSL-9g--4. to allow reconstruction of,"- single famil,v home, be approved subject to the following stipulations: All proposed improvements shall bc designed in accordancc with thc standards of thc Florida Department of Environmental Protection (FDEP) Di~4sion of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance ora Collier County Building Permit. 2o Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10. between May I - October 31. sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall noteS' the Current Planning Environmental Staff one week prior to commencing work seav,'ard of the CSSL and shall again contact ~ week following completion of work seaward of the CCSL. I JUL 2 8 ]998 ! 2 3 7 8 9 Io II 12 16 17 18 2O 26 27 28 29 3O 31 .12 4~ 45 46 47 4g ~0 4. Outdoor lighting associated with construction, or development within three hundred (300~ feet of the high tide linc. shall be in compliance with Division 3.10 of the Collier County. Land Dcvclopmem Code. Petitioner shall ulilize only natsve coastal dune vegetation for all required on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall install appropriate signs in the re-vcgctafion arca indicating that bcach users are requested not to intrudc into this re-vcgetation arca. Petitioner shall remove all exotic vegetation from the subject property, in accordance with Section 3.9.6.6 of the Collie~ County, Land Development Code. Minor revisions to Coastal Construction Setback Line Variancc CCSL-98-4 ( including changes in siting and structures) may bc approved, in va'iting, by thc Plarming e_,ers'ices Director or his/her designce. This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this DATE: ATTEST: DWIGHT E. BROCK. Clerk day of .1998. BOARD OF COU,'NT3' COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BAR3~ B. BERRY. Chairman 34 DEPLr'FY CLERK Approved as to Form and Legal Sufficiency: .19 A.~istant County Attomcy JUL 8 EXHIBIT "A" 7/28/1998 Item 12C2 Page 8 is missing 7/28/1998 Item 12C2 Page 9 is missing ' IG, u'-F .e, ~ o~, =-. I I EX[:IBIT "A" EXECUTIVE SUMMARY. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER APPROVAL OF AN ORDINANCE RELATING TO THE APPROPRIATION OF COUNTY FUNDS REGARDING A PROPOSED AMENDMENT TO THE FLORIDA CONSTITUTION ADDRESSING THE BURDEN OF PAYMENT FOR THE STATE COURT SYSTEM; PROVIDING FOR TITLE AND CITATION; MAKING LEGISLATIVE FINDINGS AND DECLARING A VALID PUBLIC PURPOSE; DIRECTING TRANSFER OF FUNDS FROM RESERVES IN THE COUNTY GENERAL FUND TO THE FLORIDA ASSOCIATION OF COUNTIES (FAC) FOR USE BY THE FLORIDIANS FOR FAIRNESS IN COURT FUNDING (FFCF) TO INFORM CITIZENS AND ENCOURAGE VOTER APPROVAL OF THE PROPOSED AMENDMENT; PROVIDING FOR AN AGREEMENT WITH THE FAC/FFCF; PROVIDING FOR OVERSIGHT AND ACCOUNTING OF THE FUNDS BY THE COUNTY AND/OR THE CLERK OF THE CIRCUIT COURT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: The intended purpose of this Ordinance is to authorize the payment of county funds to the Florida Association of Counties (FAC) for use by the Floridians for Fairness in Court Funding (FFCF), to undertake a referendum campaign to encourage voter approval of an amendment to Article V of the Florida Constitution with respect to funding of the state court system. CONSIDERATIONS-'. Previously, the Board of County Commissioners directed staff to draft and bring back an Ordinance to enable the expenditure of county funds to support the FAC in its effort to put before the voters an amendment to the Florida Constitution to require the state to fully fund the state court system and relieve county property taxpayers of much of that burden. In accordance with Section 106.011 Florida Statutes, a political committee, Floridians for Fairness in Court Funding, was formed to sponsor the proposed amendment through the initiative process, as the proposed amendment was mired in the Constitution Revision Commission (CRC). Subsequently, the CRC approved certain proposed amendments to the Florida Constitution, one of which will alter the funding of the state cour~ system to require the state to more fully fund the system. The proposed amendments will be placed on the ballot for consideration by voters at the November, 1998 general election. The role of the FI:CF has thus become to conduct a referendum campaign to increase voter understanding and elicit voter approval of the proposed amendment. AGENDA iTEM JUL 2 mm The County will enter into a written agreement with the FAC/FFCF which delineates the obligations of all parties. Briefly, the County will pay the FAC, for use by the FFCF, $52,120 and will have oversight of said funds. The FAC/FFCF will undertake an extensive referendum campaign. The FAC/FFCF will return to the County, pro-rata, any unused ftmds within thirty (30) days of the conclusion of the campaign. Based upon Florida case law, constitutional and statutory provisions relating to the home rule powers of counties and opinions of the Attorney General, counties may expend funds in support of a proposed constitutional amendment. FISCAL IMPACT: The maximum expenditure by the County is $52,120 from the reserves of the general fan& Specifically, Other General Administrative, account number 001-013010- 882100, previously approved by the Board in budget amendment 98-191. Any funds not used by the committee will be refunded to the County on a pro-rata basis consistent with the County's contribution. Should the amendment win voter approval, the County would be, relieved of much of the burden for funding the state court system. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: (1) That thc Board of County Commissioners approve this Ordinance providing for the expenditure of $52,120 to the FAC, for use by the FFCF, to conduct a referendum campaign with regard to the amendment to Article V of the Florida Constitution with regard to court funding; (2) That the Board of County Commissioners enter into an agreement with the FAC and FFCF that sets out the obligations of all parties with regard to the referendum campaign. B ~ Date: 7-~.o-9'~ PREPARED 6'hary Assistant County Attorney REVIEWED BY: Rami~ l¢/~[{fialich, Chief Assistant County Attorney Date: 7//~ O/,f~ APPROVED BY: ~/}~.~.~J..-- ~- ~ ~)~-¢id C. Weigel- ' County Attorney h:~ml~..xSum. Refe~endum Info Svces-RNZ AGENDA ITEM. JUL 2 Lq98 pg. I 2 $ ? 9 10 11 12 14 16 17 15 19 20 21 22 23 2.1 2~ 26 ORDINANCE NO. 98- . AN ORDINANCE RELATING TO TIlE APPROPRIATION OF COUNTY FUNDS REGARDING A PROPOSED AMENDMENT TO TIlE FLORIDA CONSTITUTION ADDRESSING TIlE BURDEN OF PAYMENT FOR TIIE STATE COURT SYSTEM: PROVIDING FOR TITLE AND CITATION; FLAKING LEGISLATIVE FINDINGS AND DECLARING A VALID PUBLIC PURPOSE; DIRECTING TRANSFER OF FUNDS FROM RESERVES IN TIlE COUNTY GENERAL FUND TO TIlE FLORIDA ASSOCIATION OF COUNTIES (FAC) FOR USE BY TIlE FLORIDIANS FOR FAIRNESS IN COURT FUNDING (FFCF) TO INFOILM CITIZENS AND ENCOURAGE VOTER APPROVAL OF THE PROPOSED AMENDMENT; PROVIDING FOR AN AGREEMENT WITII THE FAC/FFCF; PROVIDING FOR OVERSIGIlT AND ACCOUNTING OF TIlE FUNDS BY TIlE COUNTY AND/OR TIlE CLERK OF TIlE CIRCUIT COURT; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES: PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. s,~,q-IEREAS, in 1972. the people of this state approved a revision of Article V of the 27 Constitution of the State of Florida to provide for a unified state court s).smm and to avoid what 28 was then a patchwork of locally financed systems of justice. However. the language of the 29 revised Article V failed to specify thc responsibility of the state to fund its court system: and 30 WHEREAS. since 1972. thc slate's fundipg of its court syslem has not kc'pt pace with the 31 tremendous demands of statewide growth and increased criminal activity. Unfortunately for the :32 citizens of this state, the burden of making up the shortfall in court system funding has fallen 33 increasingly on the shoulders of local county property taxpayers. Reliable estimates show that 3,1 counties currently contribute over a half-billion d,llars to the operation of the ~tate court system 35 each year. Counties expend S32 million annuall.~ to fund public defender conflict and overload 36 cases alone. This means that 53,1, of the total expenditures for the state court system are bomb: 37 3g 39 4O 41 42 43 by county taxpayers; and WHEREAS. counties have little control, if any. over the cost or administration of the state's court system as this authority is spread among the judicial,, the legislature and the clerks of the court. Thus. contrat)' to pnnciples of good government, the taxing power is severed from the spending power to the extent that counties must pay for the state's court system; and WtlEREAS. in the allocation of taxing power under Article VII of the Florida Constitution. counties do s~ot have access to as many revenue sources as the State Lei islatur4t, GENDA ITEM JUL 2 o Lqg8 Pg. _ "...=..L.-' 4 7 8 I0 11 12 14 16 17 I$ ~2 27 ~8 29 All county tax ~ourees are capped as to rat~ or are limiled as to thc types of programs and facilities that may be funded with each source. Othet than ad valorem taxes, counties cannot levy taxes except as authorized hy thc Legislalure by general law. In contrasl, thc Legislature may enact general laws le~'ying taxes for its own expenditures and is not dependent upon asking another governmental entity to create additional revenue sources; and WHEREAS, Ibe Constilution Revision Commission (CRC) recently approved certain proposed amendments to thc Florida Constitutinn. The CRC will place those amendments on thc ballot for consideration by the voters at the November. 1998 General Election: and WIIEREAS. the CRC has approved a pror~sed amendment to Article V of the Constitution that will alter the funding of the state court system and relieve the counties and their taxpayers of much of the burden of the state court system and shill that burden - quite properly - Io thc state. The amendment will require the state to better fund ils system and relieve local taxpayets of much of this burden; and ~'tlEREAS. the Floridians for Fairness in Court Funding (FFCF) is a "political committee" established by the Florida A~sociation of Counties pursuant lo Chaplet 106 of the Florida Statutes for thc purpose of conducting a referendum campaign to support an amendment to the Constitution to revise the wa.,,' the state court system is funded. FFCF will provide information to voters about the proposed Article V amendment and will advocate the appro~,'al of the amendment at the General Election. NOW. THEREFORE. fie IT ORDAINED BY THE BOARD OF COUNT~' COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION 1: TITLE AND CITATION. Th~s Ordinance shall be known and may be cited as the "Collier County Suppor~ for State Court System Alternative Funding Amendment Ordinance." SECTION 2: FINDINGS AND PURPOSE. The FJoayd of County Commissit~ners of Collier County, Florida doe~ heteh)' find and delem~ine that countie~ have little control, if any, over the costs or the administration of the state court system. County revenue sources aye limited or capped, and the costs of the state's cout~ system aye ~sing. There is a real fea~ of unequal justice throughout the state under the current mechanisms. The state has the revenue sources at its disposal to fund its co~ ~ funding I I 2 6 ? I0 11 12 13 14 16 17 I$ 19 20 21 22 23 26 27 29 30 1! is in the best interests of the taxpayers and residents of Collier County to revise the way the state's court system is funded as contemplated in the proposed amendment recently approved by the Constitution Re¥ision Committee. Accordingly. the Board of County Commissioners hereby finds and declares lhat an expenditure of Counly funds in thc amount of S52.120.00 payable to the Florida Association of Counties (FAC) and thc Floridians for Fairness in Court Funding (FFCF) to inform voters throughout the state and encourage their approval of the proposed amendment to Article V of the Constitution of thc State of Florida regarding funding for the state's court system serves a valid public purpose. The Board of County Commissioners desires to contribute funds to thc FAC for use by the FFCF to conduct a public information campaign to inform citizens and encourage voter approval of the proposed amendment. The County's payment to FACFFFCF will he combined with payments or contributions from other counties, creating a pool of funds to conduct an appropriate and customary, campaign to increase voter understanding and elicit voter approval of the proposed amendment. SECTION 3: COUNTY OBLIGATIONS. The County shall pay, from reserves in the County general fund, to FAC/FFCF the sum of Fifty-two Thousand One-hundred-twenty Dollars IS52.120.00) which is an amount that has been calculated based upon S0.27 per Collier County resident, using a County population estimale of 193,036 residents. Payment shall be made in one lump sum or in such substantially equal periodic installments as the County Administrator shall elect; but, in any case, payment of all amounts obligated by the County hereunder shall be made in full on or before September 30, 1998. SECTION 4: AGREEMENT. The County shall enter into a written agreement with FAC detailing the obligations of FAC and the FFCT with regard to conducting the referendum campaign as pertains to the proposed constitutional amendment. SECTION ~: GENERAL ACCOUNTING: FAC/FFCF shall maintain adequate financial records concerning the expenditures paid by the Counly pursuant Io the terms of the written agreement provided for in this Ordinance. All records shall be available lo tile County and/or the Clerk of Courts for inspection · AGEN DA No. JL L Z 1. 38 12 13 14 16 17 I notice Io the FAC/FFCF. FAC/FFCF shall also submit any additional documentation requested 2 by the County and/or the Clerk to complete its final accounting. 3 SECTION 6: INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES. 4 The provisions of this Ordinance shall become and be made a par~ of the Code or' Laws 5 and Ordinances of Collier County, Florida. Thc sections of the Ordinance may be renumbered or 6 re.lettered to accomplish such, and the word "ordinance" may be changed to "section." 7 or any other appropriale word. 8 SECTION 7: CONFLIC~ AND SEVERABILITY. 9 In thc event this Ordinance conflicts with any other Ordinance of Collier County or other 10 applicable law, the more restrictive shall apply. If any phrase or portion of thc Ordinance is held I I 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 thc remaining portion. SECTION 8: EFFECTIVE DATE. This Ordinance shall take effect upon filing with thc Department of State. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 37 38 39 40 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Counly, Florida, this ~ day of ,1998. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BARBARA B. BERRY. Chairman Approved as to form and legal sufficiency: Assistant County Attorney EXECUTIVE SUMMARY PETITION V-98-6, MR. TERRANCE L. KEPPLE, P.E., REPRESENTING JOHN T. MAGOCS, REQUESTING A VARIANCE OF 15 FEET FROM THE REQUIRED 25 FOOT SETBACK WHEN ABUTTING A RESIDENTIAL PARCEL TO 10 FEET, A 5 FOOT VARIANCE FROM THE REQUIRED 15 FOOT SIDE YARD SETBACK TO 10 FEET AND A 5.5 FOOT VARIANCE FROM THE REQUIRED I0 FOOT LANDSCAPE BUFFER REQUIREMENT TO 4.5 FEET FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 96TM AVENUE NORTH., FURTHER DESCRIBED AS LOT 47, BLOCK 60, NAPLES PARK, UNIT NO. 5, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks a variance from the required 25 foot setback requirement when abutting a residential parcel, a variance from the C-3 side yard setback and a variance from the landscape buffer requirement as noted above to allow for a proposed office building. CONSIDERATIONS: At the time the subject 50 foot wide lot was planned in 1953, it was a legal lot of record. Currently thc site is zoned C-3 which requires a minimum lot width of 75 feet, therefore, the site is deemed a non- conforming lot of record. For non-conforming lots of record, the Land Development Code provides relief from the required side yard setback as follows: The minimum side yard requirement in any commercial district shall be equal to the height of the proposed principal structure, or the minimum side yard requirement in the district whichever is lesser. Because this provision does not address the setback requirement when abutting a residential lot, the petitioner is requesting a 15 foot variance fi'om the required 25 foot setback when abutting a residential lot as required in the C-3 Zoning District. Since the proposed structure is approximately 15 feet in height, the petitioner is also requesting a 5 foot variance from the required 15 foot side yard setback to 10 feet on the east side. Lastly, the petitioner is requesting a/5~5, foot variance from the required 10 foot landscape buffer requirement to 4.5 feet to allow for./~3e required parking drive aisle width. As noted in the staff report, the Collier County Board of Zoning Appeals (BZA) has previously approved the same type ofvariances for five (5) other similar sites in Naples Park. In each case, staff and the BZA had recognized the hardship of meeting the 25 foot setback requirement on a 50 foot wide lot. It should be noted that of these 5 approved variances, 3 of the petitions had existing structures on both sides which made it impractical to combine the 50 foot wide lots into a larger conforming lot. Based upon the revie~v criteria listed below, staff finds that the same conditions exist as has been historically determined a hardship in the previously approved variance petitions except that the parcel is not situated between two existing structures. Since the adjacent commercial lot to subject site is vacant, staff is of the opinion that there is an opportunity to combine thcs JUL 2 8 1998 larger lot that can meet the C-3 development standards. Therefore, the requested variance would only be warranted and appropriate if the lot could not be combined with the vacant C-3 lot to the east. Staff is of the opinion that the granting of this variance will not be in keeping with the general intent and purpose of the Land Development Code. Furthermore, the fact that the subject site is a legal non- conforming lot of record does not necessarily mean that there is a land related hardship. For example, the vacant C-3 lot to the east can be combined to form a larger parcel that meets all the applicable setback requirements. This will result in a more unified design and will reduce the number of access points on the adjacent roadway. In addition, it was never the intent to have commercial structures on each 50 foot wide lot, especially the C-3 lots that are located on the local residential streets. However, Naples Park has many free standing commercial structures that have been built off the local residential streets. In addition, the BZA has historically determined that these 50 foot wide non-conforming lots (if required to conform with the strict application of the C-3 setback requirements) represent a special condition because the strict application of the 25 foot setback requirement when abutting a residential lot will render these lots un-buildable. It should be noted that the petitioner has indicated that they have not been able to combine this lot with the adjacent property. As a result, there may be some justification for giving special consideration to this property. The Collier County Planning Commission heard this petition on June 18. 1998 and voted 4 to I to forward Petition V-95-6 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to providing a 6 foot tall landscape hedge along the western property line. This recommendation was based on their findings then the strict application of the setback and buffer requirements would render the lot un-buildable. The one vote for denial was based on staff's finding that there is no land related hardship since the lot can be combined with the vacant C-3 lot to the east. Lastly, no person spoke in opposition to the granting of the variance while staff has received one letter in opposition. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed variances are consistent with the applicable provisions of the Growth Management Plan. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals (BZA) approve petition V-98-6. JUL 2 8 1998 PREPARED BY I ~';~.~, '-;",',- RAY BE/~LOWS, PRINCIPAL PLANNER ~ENT PLA~. NING SECTION VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE V-98-2/EX SUMMARY/RVB/rb JUL 2 8 1998 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES MAY 26, 1998 PETITION NO: V-98-6, JOHN T. MAGOCS OWNER/AGENT: Agent: Mr. Terrance L. Kepple, P.E. Kepple Engineering, Inc. 3806 Exchange Avenue Naples, Florida 34104 John T. Magocs, Trustee 7045 Barrington Circle #201 Naples, Florida 34108 REOUESTED ACTION; This petition seeks a variance of 15 feet from the required 25 foot setback when abutting a residential parcel to 10 feet, a 5 foot variance from the required 15 foot side yard setback tol0 feet and 5.5 foot variance from the required 10 foot landscape buffer to 4.5 feet to allow for the construction of an office building with required parking. GEOGRAPHIC LOCATION; The property fronts on the south side of 96~ Avenue North and is further described as Lot 47, Block 60, Naples Park, Unit No. 5, Section 28, Township 48 South, Range 25 East. (See illustration on the following page) PURPOSE/DESCRIPTION FOR VARIANCE7 The subject 50 foot wide lot is zoned C-3 and is a platted non-conforming lot of record. The C-3 district currently requires a minimum lot width of 75 feet. Since this is a preexisting lot of record, Section 1.8.2 of the Land Development Code provides that the minimum side yard requirement in any commercial district shall be equal to the height of the proposed principal sla'ueture, or the minimum side yard requirement in the district whichever is lesser. Since this provision does not address the ..;e:back requirement when abutting a residential lot, the petitioner is requesting a I5 foot variance fi.om the required 25 foot setback when abutting a residential lot as required in the C-3 Zoning District. Because the proposed structure is approximately 15 feet in height, the petitioner is also requesting a 5 foot variance from the required 15 foot side yard set ~ack ... feet on the east side. t JUL 2 8 1998 ,il 'iZ ' & OF yEXICO AGE 8 1998 C-3 Ex. Bldg. C-3 I· . 29.3'. 1~5, RMF-6 Vacant ]-~ '~ , Ex. Duplex // - --10.6 1 o'- / l'- ~.~,,~ ~ J I Proposed ',,~,, 2~' .6 L~ ,~ ~ Lot 50' x 135' 4 5' Zoning C-3 R.~ ~ ~¢ / / ' t l~.~.~ Setbocks (proposed) 24' ~ 16' ~ m' Front 25' Side whichever is less. Reor 15' ' Porking 1/300 sf = 4.95 spoces J ~ 4.5' side yard buffer 96 th- Ave. N.'-- - C-3 Ex. Bldg. Description Lot 47, Blk 60 Naples Park, Unit 5 JUL 2 8 1998 96th Ave. N. nXrPreliminary Site Plan Pg. John Magocs As shown on the attached map. thc Collier County Board of Zoning Appeals (BZA) has previously approved the same type of variance five (5) other times in Naples Park. In each case. staff and the BZA had recognized the hardship of meeting the 25 foot setback requirement on a 50 foot wide lot. It should be noted that of these 5 approved variances, 3 of the petitions had existing structures on both sides which made it impractical to combine the smaller lots into a larger lot. Based upon the review criteria listed below, staff finds that the same conditions exist as has been historically determined a hardship in the previously approved variance petitions except that the parcel is not situated between two existing structures. Since the adjacent commercial lot to the east of the subject site is vacant, staff is of the opinion that there is an opportunity to combine these parcels into a larger lot that can meet the C-3 development standards. Therefore, the requested variance would only be warranted and appropriate if the lot could not be combined with the vacant C-3 lot to the east. SURROUNDING LAND USE AND ZONING; Existing: The site is currently vacant and is zoned C-3. Surrounding: North - 96~' Avenue North and developed commercial; Zoned: "C-3". East Vacant; Zoned: Zoned: C-3. South - Commercial Building; Zoned: C-3. West - Duplex; Zoned: "RMF-6". View along western property line. View along eastern property line. JUL 2 8 1998 GRO~VTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have any impact on this property's consistency with the County's Growth Management Plan. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: 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 fact that the subject site is a legal non-conforming lot of record does not necessarily mean that there is a land related hardship. Staff is of the opinion that the vacant C-3 lot to the east can be combined to form a larger parcel that can meet all the applicable setback requirements. This will result in a more unified design and will reduce the number of access points on the adjacent roadway. However, the BZA has historically determined that these 50 foot wide non-conforming lots (if required to conform with the strict application of the setback requirements) represent a special condition because the strict application of the 25 foot setback requirement renders the lots un-buildable. It should be noted that the petitioner has indicated that they have not been able to combine this lot with the adjacent property. As a result, there may be some justification for giving special consideration to this property. Are there special conditions and circumstances which are not the result from the action of the applicant such as pre-existing conditions relative to the propert3' which is the subject of the variance request? As noted above, the adjacent C-3 lot to the east is vacant which creates an opportunity to combine the lots into a larger parcel that can meet the C-3 setback requirements. However, the petitioner indicates that previous attempts to combine these parcels have failed. In addition, there are many conforming commercial structures in Naples Park that have been built on the 50 foot wide lots when they are not adjacent to residential properties. Only when these non-conforming lots are adjacent to residential properties do they become un-buildable. 3UL ~ 8 1998 The petitioner also contends that the existing lot width is not the result of any action by the applicant and is similar to the lot conditions found in Petitions V-$4-1 and V-$6-15 which were approved for properties that also abut a residential lot on one side and a vacant commercial parcel on the other side. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? The fact that the lot is non-conforming does not necessarily mean that there is a land related hardship. Since the adjacent C-3 lot to the east is vacant, the property ortner has the opportunity to combine the parcels into a larger conforming lot. It should be noted that Section 1.8.2 of the LDC dealing with non-conforming lots of record allows for a reduction in the minimum side yard requirement in any commercial district to be equal to the height of the proposed principal structure, or the minimum side yard requirement in the district whichever is lesser. However, this section does not provide any relief from the 25 foot setback requirement when abutting a residential lot. Furthermore, upon review of the five other similar variance requests in Naples Park, the BZA determined that a literal interpretation of the setback requirement would be an unnecessary and undue hardship on those applicants. 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, safe~' and welfare? Yes. the petitioner is only seeking the minimum amount to allow for the construction of an office building on the subject lot and to comply with the requirements of the Land Development Code. 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 the requested variances will allow for a reduced side yard setback and a reduced setback when abutting a residential lot, however, all variances effectively do this. It should be noted that the proposed building will comply with all other setback requirements for conforming lots in the C-3 district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Staff is of the opinion that the granting of this variance will not be in keep~ general intent and purpose of the Land Development Code. However, it is u any detriment to the public welfare would result from its approval since the~ 4 ~likel~'t~ are many JUL ~. 8 1998 50 foot wide non-conforming lots in Naples Park that have free standing structures using similar setbacks. In addition, the proposed structure will also be over 17.5 feet from the existing dupl~ to the west. As a result, the proposed variance will not have any adverse impact on the circulation of light and air between structures and will not be injurious to the neighborhood. 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.? The petitioner proposes to construct a 6 foot high opaque fence and/or hedge adjacent to the residentially zoned property to provide screening. TI'Lis fence represents a physically induced condition that is intended to mitigate the impacts of the encroaching structure. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. In summar}', the fact that the lot is non-conforming does not necessarily mean that there is a land related hardship. Staff is of the opinion that the subject site can be combined with the adjacent vacant commercial lot to the east to create a conforming lot. Therefore, staff is constrained from recommending approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend denial of Petition V-98-6 being a petition seeking a variance from 25 foot setback requirement when abutting a residential lot and the minimum side yard requirement of 15 feet to 10 feet for property described in the Resolution of Adoption. .JUL 8 1998 PREPARED BY: RAY ~_~LLOWS, PRINCIPAL PLANNER CLFRRENT PLANNING SECTION DATE ALD-~N~N'(~,'~'C P, MANAGER CURRENT PLANNING SECTION /~~~~~'~~ ~ DIRECTOR ~OBERT J. MULHE , , PL~ SERVICES DEPAR/~ENT __ - X,~(TC~"NT A. CAUTERO, A~DMINIS'~ RATOR COMMIf~TY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Staff Report for June 18, 1998 CCPC meeting. COLLIER COUNTY PLA/N~G COMMISSION: ~I(~HAEL A. DAVIg, d~AN STAFF REPORT/RVB/rb JUL 2 8 1998 VARIANCE PETITION _ (VARIANCE FROM SETBACK REQUIRED FOR A pARTICULAR ZONING DISTRICT) ; . ::.., ;~ATE PETITION PETITION NO -' , PROJECT pLANNER ~D iN BY 5%'AmrJ PETITIONER'S NAME John T.Ma ocs, Trustee of the John Thomas Ma ocs Trust PETITIONER'S ADDRESS 7045 Barrin~to~ Circle ~20~ N_~j~les, FL 34108 TELEPHONE 594-7891 AGENT'S ADDRESS Terrance Kepple - Kepple Engineering, Inc. 3806 Exchange Ave. Naples, FL 34104 TELEPHONE 403-1780 LEGAL DESCRIPTION OF SUBJECT PROPERTY: SUBDIVISION ** SECTION 28 TWP. (If legal de$crlption is lengthy, 'i.e. metes & description, attach additional page) **Naples Park, Unit No. 5 CURRENT ZONING OF SUBJECT PROPERTY C-3 EXISTING LAND USE ON SUBJECT PROPERTY LOT(S)47 _ BLOCK(S) 60 48 RANGE 25 vacant bounds ADJACENT ZONING & LAND USE ~%ND USE ZONIN~ - N c-3 96th Ave. N. s c-3 commercial Bldg. E C-3 Vacant W RMF-6 Duplex MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 25' CORNER LOT:~ (CIRCLE ONE) SIDE: see below WATERFRON LOT:~YE~ (CIRCLE ONE) p~: 15' Side yard - non-conforming lot of record,)side yard ot of the building or 15' (whichever is less · Side yarc lot 25 feet JUt 8 1998 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. The existing lot is vacant. The propos~ is to construct an office building with required parking. Using the 25' setback from residential, and a 10' setback on the other side only a 15' wide Dulldlng could De constructed, we are proposing 10' side yards on each side (max building height of 10') requiring a 15' variance. In addition, reducing the landscape buffer on the sides to 4.5 feet (from 10") to allow construction of the required parking. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its dete.rmination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Existing non-conforming lot of record adjacent to residential property with setbacks not allowing construction of a normal buildin on this lot. 2 JUL 2 8 1998 Are there special conditions and circumstances which do not result from the action of &he applicant such as pre-existing conditions relative to the proper~y which is the subject of the variance request. Lot was platted in October, 1953 and current zoning set- backs make the lot practically useless. e Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes - by code the minimum building would be 15' X 47' and only 2 parking spaces could be provided. _ Will =he 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 or welfare. The variance will allow reasonable use of the land and will ~eet the building setbacks of C-3 property adjacent only to C-3 property (no abutting residential) 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. No JUL Z 8 1998 Se Will granting the variance be in harmony with the intent anl purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes - it will allow the lot to be utilized in a similar manner to other lots in the area Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. A 6' high opaque fence and/or hedge will be constructed adjacent to the residentially zoned property. Will granting the variance be consistent with the growth management plan. Yes JUL 8 1998 AFFIDAVIT State of Florida County of Collier I, j~hA; '~- //~o6£ being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing ~an be advertised. I · %~ L_. ,~-- _~ ~/ ,.~-~'~"~t~ to act as my (AGENT ' S N~E) /2~."" representative in any matters regarding this Petition. SI~~ OF O~R The foregoing Agreement Sheet was acknowledged before me this ~__~/,day of '-79~_~. ). , 199~ by who is pe~sona'-iI~known to me or who has produced as identification and who did (did not) take an oath. ...... of Nota?y Publi6) NOTARY PUBLIC Commission My Commission Expires: State of Florida County of Collier The foregoing Agreement Sheet was aqknowledged before'~e this 3o1% day of /~/zc(~ _ , ~99~by '7~- ~.-~'~rsonally known to ~h~s as idem ~tion and w~~~ath. (~ fgna~e~ t ar y P~iic} VARIANCE A~PLICATION/md JUL 2 8 1998 Location Map Description Lot 47, Blk 60 Naples Park, Unit 5 D~I~ 3/re/ga 96Lh Ave. N. Loca[ion Map JUL 2 8 1998 John Magocs RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-98-6, FOR A VARIANCE CN PROPERTY HEREINAFIER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legzs[ature of the State of Florida in Chapter 125, 9 Florida Statutes, has confer:es on all counties in Fior~da the power to lo establish, coordinate and enforce zoning and such business regulations' 11 as are necessary for the protection of the public; and 12 WHEREAS, the County pursuant thereto has adopted a Land 1~ Development Code (Ordinance No. 91-102) which establishes regulations 14 for the zoning of particular geographic divisions of the County, among ~s which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public ls hearing after no=ice as ~n said regulations made and provided, and has 19 considered the advisability of a 1S-foot variance from the requ'-red 25 20 foot setback when abutting a residential parcel to 10 feet and a 5 foot 21 variance from the required 15 foot side yard setback to 10 as shown on ~= the at=ached plot plan, Exhlbit "A", in a C-3 zone for the proper:y 2] hereinafter described, and has found as a matter of fact that :¢ satisfactory provision and arrangement have been made concerning all :$ applicable .Tm==ers required by said regulations and in accordance with :6 Sectzon 2.7.5 of the Zoning Regulations of sai~ Land Development Code ~? for '.,~e unincorporated area of Collier County; and 28 WHEREAS, all interested parties have been given opportunity to be 29 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 ~2 Collier County, Florida, %hat: The Petition V-98-6 filed by Terrance L. Kepple, P.E., of Kepple ~4 Engineering, Inc., representing John T. Magocs, with respect to the ~ property hereinafter described as: 3? Lot 47, Block 60, Naples Park Unit 5, as recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida. JUL Z $19 !8 De and the same hereby is approved for a 15-foot variance from ~he reguired 25 foot setback when abutting a residential parcel tc 1O f~ and a 5 foot varlance from the required 15 foot side yard setback to feet as shown on the attached plot plan, Exhlbit "A", cf the C-3 zoning district wherein said property is located, subject tc =he following conditions: i. The variance is only for =he proposed encroachment depicted on the a:tached si=e plan. 2. A 6 six (6) foot tall landscape hedge shall be located along the western property line. BE IT RESOLVED that this Resolution relating to Petition Number V-98-6 be recorded in the minutes of this Board. This Resolu=ion adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. KERRY, Chairman Approved as to Form and Legal Sufficiency: MarS~kie M. Student Assistant County Attorney -2- Ex. Bldg. PLANNING C-3 Vacant 1 Re4uced from 10' ~Proposedt -10.6' R~ t'm~. 25' --5' from 10' RMF-6 Ex. Duplex ~"V 98-6 Proposed .Building Lot 50' x 1.~5' Zoning C-5 Setbacks (proposed) Front 25' Side 15' or height of building (10') whichever is less. Rear 15' Parking 1/300 sf = 4.95 spaces 96 th- Ave. Ne C-3 Ex. Bldg. 4.5' side yard buffer Description Lot. 47, Blk 60 Naples Park, Unit 5 JUL 2 8 1998 ~T,~A~ EXHIBIT "A" ,~0/. 196th Ave. D~ BY ~ relimin~ry ~r~ ~ Site Plan Pg. John Magocs EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FORT HE FINAL PLAT OF "QUAIL WEST UNIT ONE, REPLAT BLOCK A" OBJECTrCE~ To grant final acceptance of "Quail West Unit One, Replat Block A" CONSIDERATION: On January 8, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block A". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Sel-vices 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 IKPACT~ The roadway, drainage water and sewer improveme_nts not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Waintenance budgets of the Transportation Services and Utility Divisions. GROWTH MA/~AG~ IMPACT: None JUL 2 8 1998 Executive Summary Quail West Unit One, Replat Block A Page 2 RECOKMENDATION= That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block A" and release the maintenance security. 1. 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 Thomas E. Kuck, P.E. Engineering Review Manager 1119 D~t~ R'obe~. Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date j rh JUL 2 8 1998 pg._ ~ _ .,] i~ RESOLUTION NO. 95' _ 1 $ 4 RESOLU'rION AUTHORIZING FINAL s ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, WATER AND SEWER ? LMPROV'EMENTS IN QUAIL WEST UNIT ONE. B REPLAT BLOCK A, RELEASE OF THE 9 MAINTENANCE SECURITY, AND ACCEPTING 10 TIlE MAINTENANCE RESPONSIBILITY FOR THE 11 ROADWAY, DRAINAGE, WATER ANq) SEWER 12 D, IPROVEME,N~S THAT ARE NOT REQU%RED TO 13 BE MAI);TAINED BY THE HOMEO%~'NERS s4 ASSOCIATION. 16 WHEREAS. the Board of County Commissioners of Collier County., Florida. on 1 ? July 23. 1996 approved the plat of Quail West Unit One, Replat Block A for recording; 18 and 19 20 WHEREAS. the do. eloper has constructed and maintained the roadway, drainage. 21 water and sexver improvements in accordance w~th the approved plans and specifications 22 and as required by the Land Do, elopment Code (Collier County, Ordinance No. 91-102. 23 as amended); and the Utilities Standards and Procedures Ordinance (Collier County 2,1 Ordinance No. 97-i?), and 26 ~,~,TIEILEAS, the do. eloper has now requested final acceptance of the roadway. 27 drainage, water and sewer improvements and release of his maintenance security; and 29 WHEREAS. the Compliance Ser,'ices Section of the Development Services B0 Dcl~arlment has inspected the roadway, drainage, water and s~wer improvernents a.ad is 31 recommending acceptance of said facilities. 32 33 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COU.'N-rY 3~ COMMISSION'ERS OF COLLIER COUNTY, FLORIDA, that final acceptance be 35 granted for tho~ roadway, drainage, warm' and sewer improvements in Quail West Unit One, Replat Block A, and authorize the Clerk to release the maintenance security.. BE IT FURTHER RESOLVED A~ND ORDERED that the County. accept the fi~tur¢ maintenance and other anendant costs for the roadway, drainage, water and so~'er improvements that arc not required to be maintained by the homeowners associatio.n.. This Resolution adopted after motion, second and majority, vote favoring?.m¢. 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 DATE: Al-rEST: DWIGHT E. BROCK, CLERK BOARD OF COU~"I'Y COMMISSIONERS COLLIER COUN'IW, FLORIDA By: BARBARA B. BERRY, CFLMICXL~.N Approved as to form and legal suffi,cieno': Heidi F. Ashton Assistant Collier County. Anorney JUL 8 1998 Pg. ,-~~......,-- w. Xw. CUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER lqiPR~S FOR THE FINAL PLAT OF "QUAIL WEST UNIT ONE, REPLAT BLOCK C, FIRST ADDITION" OBJECTIVE: To grant final acceptance of "Quail West Unit One, Replat Block C, First Addition" CONSIDERATION: On June 8, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block C, First Addition". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association 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 IMI~ACT. '. The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None ,JUL Z $1998 Execs.rive Summary Quail West Unit One, Replat Block C, First Addition Page 2 RECOMMENDATIOn: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block C First Addition" and release the maintenance security. 1. 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 Thomas E. Kuck, P.E. Engineering Review Manager Ro~erA~ Mulhere, AICP Plann~ Services Depart_ment Director Vi~ent A. Cautero, AICP, Administrat Community Dev. and Environmental Svcs. Date bate j rh JUL Z 8 1998 t 2 $ $ ? 11 12 15 21 22 26 27 32 $$ ~? RESOLUTION NO 98- ... 45 46 47' ~8 49 50 52 53 54 55 56 57 58 RESOLUTION AUTHORIZING FINAL ACCEPTA2';CE OF THOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUAIL WEST UNIT ONE, REPLAT BLOCK C, FIRST ADDITION, RELEASE OF THE MAINTENANCE SECURITY, A~\'D ACCEPTING THE MAINq'ENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER A,\~D SEWER LMPROVEME,';TS THAT ARE NOT REQUIRED TO BE ~La,.L~'I'AINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida. on July 23° 1996 approved the plat of Quail West Unit One, Repla! Block C, First Addition for recording; and WHEREAS, the developer has cons~vcted and maintained the roadway, drainage. water and sewer improvements in accordance with the approved plans and epecifieafio~ and as required by the Land Development Code (Collier County OTdinanee %'0.91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County. Ordinance Ilo. 97-17), and WHEREAS, the developer has now requested final acceptance of'the roadway, dr;Image, w:llrr ;md ,,~rwrr impmv~menl~ a~d release ofifi~ mainlenanec sccurily, and WHEREAS, the Compliance Services Section o£lbe Development Servic.'.'~ Department Bas inspected the roadway, drainage, w~ter and ~cwer improvements -~nd is recommending aeeeplance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL,~, ~'T¥ COM.MISSIONERS OF COLLIER COU,'NTY, FLORIDA, that final acceptance ~¢ granted for those roadway, drainage, water and sewer improvements in Quail west Unit One, Replat Block C, Firs', Addition, and authorize the Cleric to release lhe main;~n,..nce BE IT FURTHER RESOLVED A.~,'D ORDERED that the Count)' accegt the future maintenance and other attendant costs for the roadway, drainage, water ar~ sec'er improvements that are not required to be m~intained by the homeo~'ners a.ssoeia:ion, This Resolution adopted after motion, second and majority, vote favoring DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COU%'TY COSLMISSION'ERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, CHAIK.~.L-kN Approved as to form and legal Heidi F. Ashton JUL 2 8 1998 1EXECUTIVE SUMMARY.. LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 70623.012 & 70804-021 Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to effect the abatement of a public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION. As required by Ordinance 91-47, a legal notice of assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 70623-012 Mr. Wallace L Joyce a. Violation determination 07/30/97 $ 260.00"' Mr. Lawrence Joyce b. Notice of Violation served 09/24/97 Ms. Joan H Hubbard c. Verification of unabated nuisance 10/24/97 Ms. Barbara Showalter d. Nuisance abated with public funds 11/03/97 Ms. Patricia Haroskewicz e. Owner invoiced for costs 11/'25/97 Ms. Judith J Como Ms. Lauren K Bowers 70804-021 Mr. Wallace L Joyce a. Violation determination 07/30/97 260.00 Mr. Lawrence Joyce b. Notice of Violation served 09/24/97 Ms. Joan H Hubbard c. Verification of unabated nuisance 10/24/97 Ms. Barbara Showalter d. Nuisance abated with public funds 11/03/97 Ms. Patricia Haroskewicz e. Owner invoiced for costs 11/12/97 Ms. Judith J Como Ms. Lauren K Bowers FISCAL IMPACT... A total reimbursement of $ 520.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $14.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. JUL 2 8 1998 PREPARED BY: Melc~dy Bridgem~an, Custome~Service Representative Code Enforcement 'REVIEWED BY: DATE: Juli(~Belanger, Senior Custom'er Service Agent Cod~nforcement REVIEWED BY: DATE: Michelle Edwards Arnold, Director Code Enforcement APPRO/~.D BY: Vincent ~' ~ · A. Cautero, AICP,'~dministrator Community Dev. & Environmental Svcs. DATE: DATE: CSce 8 - 6/91 JUL 2 8 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSKENT OF LIEN DATE: Mr. Wallace L Joyce, 506 Quinnipiac Ave., Nort~ Haven, CT 06473 Mr. Law=once Joyce, 1268 Commercial Ave., Coos Bay, OR 97420 Ms. Joan B Hubba=d, 110 High St., Clinton, CT 06413 Ms. Barbara Showalte=, 127 Msple St., East Haven, CT 06512 Ms. Pat=icia Ha=oskewicz, 399 Ocean Ave., West Haven, CT 06516 Ms. Judith J Corse, 128 Robert Dr., East Haven, CT 06512 Ms. Lauren K Bowers, 62 Grove St., Branford, CT 06405 REFERENCE 70623-012 #74412200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5 Block D, South Tami-m4 Heights as recorded and platted in Plat Book 2, Page 44, Public records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/19/97, order the abatement of a certain nuisance existing o~ the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Weeds eve= 18" (2 %'). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 60.00 and administrative cost of $200.00 for a total of $ 260.00. Such costs, by Resolution of the Board of County Co~.n. issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such 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 this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirt' [30~o. days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JUL 2 8 1998 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF g74E ABATEMENT OF PUBLIC NUISanCE, IN ACCORDANCE WITH ORDINANCE 91o47. WHEREAS, as provided in Ordinance 91-47, 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 u~on the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%} per annum on any unpaid portion thereof. NOW, ~7~EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: LEGAL DESCRIPTION: COST Mx. Wallace L Joyce, Lot 5 Block D, South T~mfmmi $ 260.00 Mx. Lawrence Joyce Heights as recorded and platted Ms. Joan B Bubba=d in Plat Book 3, Page 44, Public records of Ms. Barbara Showalter Collier County, Florida. MS. Patr£¢£a Baroskew£cz Ms. Judith J Co=so MS. Lauron K Bowers REFERENCE; 74412200000 70623-012 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) 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 of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CSce 11 o 1/98 BY: BARBARA B. BERRY, CHAIRMAN JUL 3 8 1998 I 6 ? 9 I0 11 12 16 I? I1~ 19 21 22 26 ~0 ~6 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNI'f COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WXTH ORDXN~dCE 91-47. WHEREAS, as provided in Ordinance 91-47, 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 thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~;TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL D~$C~IPTION: cost 3'7 40 41 42 4] 44 46 4S 49 ~o ~6 ~? Mx. War,ace L Jo~ce, Lo~ 5 Block D, South Ts. mia.mi $ 260.00 Mx. Lawrence Joyce Heights as recorded and pla~ted ~s. Joan H Hubbard in Plat Book 3, Page 44, Public records of ~s. Barbara Showalter Collier County, Florida. Ms. Patricia Hazoskowicz Ms. Judith J Corse Ms. Lauren K Bowers 74412200000 ?0523-012 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) oays 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 of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNT'S, FLORIDA 6O 61 62 APPROVED AS TO FORM 63 AND LEGAL SUFFICIENCY: 67~Jt~AV I D WEIGE~ 6~ COUNTY ATTORNEY 69 ?0 ?1 CSce 11 1/98 BY: BARBARA B. BERRY, CHAIRMAN JUL 8 1998 BOARD OF COUNTY COHMISSIONZRS COLLIER COUNTZ, FLOP~DA LEC~L NOTICE OF ASSESSHENT OF LIEN DATE: Hr. Wallace L Joyce, 506 Quinnipiac Ava., North Haven, CT 06473 Hr. L~wrence Joyce, 1268 Commercial Ava., Coos Bay, OR 97420 He. Joan H Hubbord, 110 High St., Clinton, CT 06413 Ks. Barbara Showalter, 127 Maple St., East Haven, CT 06512 KS. Pa~ricia Haroskew£cz, 389 Ocean Ave., Wast Haven, CT 06516 KS. Juctith J Corse, 128 Robert Dr., East Haven, CT 06512 KS. Lauren K Bowers, 62 Grove St., Branford, CT 06405 REFERENCE 70804-021 174412240002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Block D, South T~miim~ Heights as recorded and platted in Plat Book 3, Page 44, Public record~ 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 Compliance Services Manager, did on 9/19/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibit~d accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" - (4 ft.). You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 60.00 and administrative cost of $200~00 for a total of $ 260.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why =he expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should ~ot constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JUL 2 8 1998 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUt{TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91'49. WHEREAS, as provided in Ordinance 91-47, 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 thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, T~EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA~E= ~EgAL DESCRIPTION= COST Mx. Wallace L Joyca, Lot 6, Block D, South Tamiami $ 260.00 Mx. Lawrence Joyce Heights as rscordsd and platted Ms. Joan H Hubbard in Plat Book 3, Page 44, Public records of Ms. Barbara Showalte= Collier County, Florida. Ms. Patzioia ~aroskswioz Ms. Judith J Co=so Ms. Lauren K Bowers ~EFERENCE: 74412200000 ?0623-012 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) Says 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 df=et:ion is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CSce 11 - 1/98 BY: BARBARA B. BERRY, CHAIRMAN JUL 2 8 1998 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COF~ISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. , WHEREAS, as provided in Ordinance 91-47 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 obligatien upon the property against which made until paid; and WHERE3%S, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE XT RESOLVED BY THE BOARD OF COUNTY COF~4ISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the ~ollowing costs of such abatement, to wit: COST NAME%. ~EG~L DE~CRIPTION~ Mr. Wallace L Jo~ce, Lot 6, Block D, South Tamiam£ $ 260.00 Mr. Lawrence Joyce Heights as recorded and platted Hs. Joan H Hubbard in Plat Book 3, Page 44, Public records of Ms. Bm=bare Showalter Collier County, Florida. Ms. Pat=Joia Baroskowicz ~s. Judith J Co=so ~{s. Lsure~ K Bowers 40 41 42 44 46 47 ,18 4q ~o ~6 :5? ~8 61 62 63 6~ 66 6'7 68 ?0 74412200000 70623-012 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) 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 of the owner. This Resolution adopted after motion, second and majority vote. DATED: BOARD OF COUNTY COFiMISSXONERS ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEXGEL COUNTY ATTORNEY JUL Z 8 1998 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TRA~NSFERRING FUNDS FROM FUND 113 RESERVES FOR THE COST OF REFURBISHING THE PARKING LOT AT THE DEVELOPMENT SERVICES BUILDING AND RELATED LANDSCAPING UPGRADES AND FOR THE ADDITION OF A CUSTOMER SERVICE COUNTER IN THE FRONT LOBBY ~: To have the Board of County Commissioners approve a Budget Amendment for the cost of refurbishing the parking lot at the Development Services Building and related landscaping upgrades, and for the addition ora customer service counter in the front lobby. CONSIDERATION: Nine years of heavy travel has prompted the initiative to refurbish the parking lot at the Development Services Building. This refurbishment includes repaying, stripping, replacing broken bumpers, and designating parking for "public only." The rear parking lot has been redesigned by closing off a drive-through lane with curbing and landscaping to provide staffwith additional parking spaces. Varian Construction submitted the low bid of $29,500 and the landscaping contractor, hired through Facilities Management, will landscape the building for $8,806. In addition to the refurbishing and redesign efforts, management is proposing to institute a specific one-way traffic pattern that will facilitate tzaffie flow and allow for a safer means of ingress and egress. Floor plans have been drawn up to reconfigure the counter area in the lobby of the Development Services Building where staff interacts directly with customers. The installation of an additional counter will facilitate the permitting process and streamline operations in an effort to enhance the level of customer service. Varian Construction, who is under contract with the County at this time, will perform the necessary work for $13,100. FISCAL IMPACT: The cost to proceed with the work as outlined, totals $51,406. Funds are available from Community Development Fund (113) 919010-993000 Reserves for Capital Outlay and will be transferred to Fund (113) 138900-762200 (Building Improvements). GROWTH MANAGEMENT IMPACT: N/A JUL 2 8 1998 ~: That the Board of County Commissioners approve a budget amendment transferring funds from Fund 113 Reserves. Constance A. Joh~on, Administrative Assistant Community Development & Environmental Services ~/f~cent A Cautero, AICP, Administrator Community Development & Environmental Services JUL 2 8 1998 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER ENTERPRISES REALTY GROUP, INC. FOR PARKING SPACE FOR COUNTY AND EMPLOYEE VEHICLES AT THE COMaMUN~TY DEVELOPbIENT AND ENVIROi~,%fE~N-FAL SERVICES BUILDING. O_lt~I~a.~: Approval of a Lease Agreement between Collier County ("County") and Collier Realty Group, Inc. ("Lessor") for parking space for County and employee vehicles behind the Community Development and Environmental Services Building following final review by the Office of the County Attorney. CONSIDERATION: Community Development and Environmental Services has requested the use of a 120 foot by 200 foot grassy area south of the Collier County Development Services Building on Horseshoe Drive South. This area is owned by Collier Enterprises Realty Group, Inc./Collier Development Corporation. The Demised Premises will be improved by the County, at the County's sole cost and expense, with lime rock or asphalt for the sole purpose of parking approximately eighty (80) employee and County vehicles. The Lease term shall be month-to-month. Both the County and the Lessor have the fight to tc,minate this Lease, with or without cause, by providing sixty (60) day written notice to the other party. The monthly rent shall be Ohe Thousand Dollars ($1,000.00). If the County elects to utilize electricity at the Demised Premises, the County shall be responsible for paying those charges. The County shall be responsible for keeping the Demised Premises clean and liner free. In order to meet the client department's needs and taking into account the vacation schedule of the Board of County Commissioners, staff is requesting that the Board of County Commissioners approve this item and authorize its Chairman to execute the Agreement at a later date via memorandum pending final review by the Office of the County Attorney. The proposed Lease has been reviewed by the Community Development and Environmental Services Department and the Risk Management Department. FISCAL IMPACI': If the Lease Agreement is approved, the total cost in FY 98 is two months rent at $2,000.00 in which funds are available in Community Development, Development Services Building Administration (113-138900). If Development Services elects to lime rock the Demised Premises, the cost for improvements is estimated at $12,500.00 in which funds are available in Community Development (I 13) reserves. The annual FY 99 lease cost is $12,000.00 and these funds are budgeted in Community Development, Development Services Building Administration (113-138900). GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners approve a Lease Agreement with Collier Enterprises Realty Group, Inc., authorize its Chairman to execute same at a later date via memorandum following the Office of the County Attorney's final review and approve any and all Budget Amendments concerning payments. PREPARED BY Michael H. Dowling, Real Pro~ Sl~alist, Real Property Management Dept. REVIEXVEDBY~ .,~%~ ~-o,~.. DATE: '7"~°~ ~'~' Vi'ncent Cautero, Admini~'~C.~munity Development and Environm'-~ta-'~ S~erv/~e~ ~ ".J ~,',~ ce ~4...'7' <, d EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "TROON LAKES" OBJECTIVE: To approve the final plat of "Troon Lakes", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION= Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of Troon Lakes. These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Troon Lakes" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT, The fiscal impact to the County is as follows. The project cost is $552,406.00 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving & Grading - $222,381.00 - $330,025.00 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: $11,055.97 Fees are based on a construction estimate of $552,406.00 and were paid in April, 1998. JUL 2 8 1998 pg.. / ___._._ Executive Summary Troon Lakes Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4. /ac) -$ 472.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1111.91 Drainage, Paving, Grading (.425% const, est.)- $1402.61 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3335.72 Drainage, Paving & Grading (1.275% const, est- $4207.82 GROWTH MANAGEMENT IMPACT The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION= That the Board of County Commissioners approve the final plat of "Troon Lakes" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. JUL 2 8 1998 Executive Summary Troon Lakes Page 3 PREPARED BY: Jo~n R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Engineering Review Manager Vin~~nt-~e~r o,' A~s~rator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JR}{:ew Date Date JUL 2 8 1998 WNSHIP 48 SOUTH, RANGE 25 27 EAST, COLLIER CO UN. PROJECT LOCATION TO_WNSHIP .4,8 TO',~IP 49 ' ' , .. ;OL. FH , il LOCATION MAP NOT TO SCALE ~CRIPTION lin SEC~ON 35. T~W\'~Wv ~o ~ ...... CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEME~NTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND M.MNTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this day of ,1998 between Preserve Homesites South, Inc., the property owner, hereinafter referred to as "Developer~, and the Board of Count)' Commissioners of Collier Count)', Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this A~eement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Troon Lakes 2. Division 3.2 of the Collier County Unified Land Development Code allows the Developer to construct the improvements required by said subdivision re.m~lations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and a~ee as follows: I. Developer will cause to be constructed: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a part hereof) within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. JUL 2 8 1998 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording -r~til said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $55,300 which represents 10°,4 of the total contract cost to complete construction. Upon receipt of said subdivision performance SeCtLrity by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance v, ith tine Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his p~eliminao' approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the reqtLirements of this Agreement. 2 JUL 8 1998 6. The Developer shall maintain all required improvements for a minimum period of one year after prelimina.,~, approval by the Development Services Director. After the one )'ear maintenance period by the Developer has terminated, the Developer shall petition the Developmem Sev,'ices Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements, and, if found to be still in compliance with Collier Couv.~' Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10°/3 of the subdivision performance security. The Developers responsibili~' ~.-- maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Count5'. 7. In the event the Developer shall fail or neglect to fulfill its obligations under, '_Ns Agreement, upon certification of such failure, the County Administrator may call upon the subdivisi:.:-. performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be consmacted and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvement.; required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together v,~th an.,,' damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. JUL 2, $1998 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this . ' day of · , _~ , 1995. Signed, Sealed and Delivered in the pre.~ce of: Witness Printed Name Printe~ame ATTEST: DWIGHT E. BROCK, Clerk Preserve Homesites South, Inc. By:_ 0~.-.~...~-- Paula Davis, President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: ~D;vi'd~Weigel ' - Collier County Attorney 97574~'MA#2 By: Barbara B. Berry, Chairman 4 JUL 2 8 1998 Pg. ~_.._- ii i I I I I IIIIII IIIIIIIIII III IIII EXHIBIT "A" £NGI'N'EER'S COST ESTI~S..TE S~Y I. Potable Water System II. Sanitary Sewer System HI. Drainage IV. Paving Concrete, Miscellaneous Subtotal Total (rounded to nearest SI,000) 10% of Total $ 82,531.25 $139,850.00 $102,240.00 $227,785.25 $552,406.50 $553,000.00 $ 55,300.00 9757~,CMA#2 JUL 28 1998] REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MONT CLAIRE AT PELICAN MARSH" To approve for recording the final plat of "Mont Claire at Pelican Marsh", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mont Claire at Pelican Marsh". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision improvements associated with this plat. The recording of this plat shall automatically vacate and annul all of the prior plat encompassed in this replat. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Mont Claire at Pelican Marsh" be approved for recording. FISCAL IMPACt. = The fiscal impact is as follows. 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: $950.00 Fees are based on a plat review fee of $450.00, and a vacation fee of $500.00 and were paid in April, 1998. Jut z 8 Executive Summary Mont Claire at Pelican Marsh Page 2 GROWTH MANAGEMENT IMPACTs The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mont Claire at Pelican Marsh" with the following stipulations: A.]thorize the recording of the Final Plat of "Mont Claire at Pelican Marsh." 2. Authorize the Clerk of the Circuit Court to make proper notation of this action upon the previous plat. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas , P.E. Engineering Review Manager RCber~ Mulhere, AICP Pla~g Services De~artment Director Vihcent ~%. Cautero, AICP, Administrator Co~'l~,',unity Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date ? Date JUL 2 8 1998 ~XECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT FOUR" OBJECTIVE To approve the final plat of "Waterways of Naples Unit Four", a subdivision of lands located in Section 14, Township 48 South, Range 27 East, Collier County, Florida. CONSIDERATION~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Waterways of Naples Unit Four". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Waterways of Naples Unit Four" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL i~4TACT, The fiscal impact to the County is as follows. The project cost is $530,091.25, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving & Grading - $144,020.00 - $386,071.25 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: $7013.21 Fees are based on a construction estimate of $386,071.25 and were paid in June, 1998; water ~~~ sewer are N/A, Orangetree Utilities. " JUL 2 8 1998 Executive Summary Waterways of Naples Unit Four Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 450.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - N/A Drainage, Paving, Grading (.425% const, est.)- $1640.80 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) N/A Drainage, Paving & Grading (1.275% const, est- $4922.41 GROWTH MANAGEMENT IMPAC~..~ The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATIONs That the Board of County Commissioners approve the final plat of .Waterways of Naples Unit Four" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. JUL Z 8 1998 Executive Summary Waterways of Naples Unit Four Page 3 PREPARED BY: John R. Houl~swor~h, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. EngineerinD Review Manager R6ber~/Mulhere, AICP P~~g Services Department Director Vincent A. Cautero, AICP, Administrator Co,%m',unity Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date Date JUL 2 8 1998 LOCATION LOCATION MAP aan?.2 ~' ' ":30~ 2 8 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDTV2r.~2.rON IMPROVEMENTS PRIOK TO RECORDING OF PLAT AGREEMENT, entered into this day of , 19.., between WATERWAYS JOINT VENTURE, herei:~.er referred to as "Developer" and the Board of County Commissioners of Collier County, F!~.Sda, hereinafter referred to as "The Board". ]~ECITALS Developer has, simultaneously with the delivery &this Agreement, applied for the app:cva! by the Board ora certain plat of subdivision to be known as: WATERWAYS UNIT FOUR. 2 Division 3.2 Of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving IVA TERWA YS OF NAPLES, UNIT FOUR witNn 36 months fi-om the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners. shall not approve the plat for recording until said improvements have been completed. Upon completion of said improvements, the developer shall tender its performance security (Letter of CrediffSurety Bond), in the amount of $ 53.009.13, which amount represents 10% of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished JUL 2 8 1998 6 8 to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the st,.tement of substantial completion, either: a) notify the Developer in writing of his approval of the improvements; or b) notify the Developer in V, Tifing Of I~ ;..~.~.:ial approve improvements, therewith specifying those conditions which the Developer fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improven',~nt~ k they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year alter preliminary approval by the Development Services Director. After the or.e year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Services Director or his designee shall inspect the improvements and, if found to ~,y. compliance with the Collier County Land Development Code as reflected by final by the Board, the Board shall release the 10% subdivisions performance sec~a;!:~.'. Developer's responsibility for maintenance of the required improvements sha~! -~. unless or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Ag'~ upon certification of such failure, the County Administrator may call upon the su;:.~M.~io:'. performance security to secure satisfactory completion, repair and maintenance of' the required improvements. The Board shall have the right to construct and maintain, vr to be constructed or maintained, pursuant to public advertisement and receipt of' zce~: of bids, the improvements required herein. The Developer, as principal un.?'-~: ':':'-. subdivision performance security, shall be liable to pay and to indemnify the Boam, completion of such construction, the final total cost to the Board thereof, including, b.-,." ::'~: limited to, engineering, legal and contingent costs, together with any damages, eith:.r or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be ' "-; the Developer and the respective successors and assigns of the Developer. 2 NO. ~ JUL 2 8 1998 IN WITNESS WI-IEP,.EOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ..... day of ,19__. Signed, Sealed and Delivered in the presence of: Waterways Joint Venture, A Florida Partnership By Waterways of Naples, Limited, Oenet~ ~£art. ner By Waterways, Deve~pment, 5~eneral Partner Richard D/76p~, President ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISS!OI',~RS OF COLLIER. COUNTY, FLORIDA By: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: D'avid C. Wei~el Collier County Attorney JUL 2 8 1998 REQUEST TO APPROVE THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT THREE" OBJECTIVE: To approve the final plat of "Waterways of Naples Unit Three", a subdivision of lands located in Section 14, Township 48 South, Range 27 East, Collier County, Florida. CONSIDERATIONI Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Waterways of Naples Unit Three". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Waterways of Naples Unit Three" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPA~T I The fiscal impact to the County is as follows. The project cost is $339,410.00, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $176,165.00 b) Drainage, Paving & Grading $163,245.00 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: Fees are based on a construction estimate of $163,245.00 and were paid in June, 1998; not paid for water & sewer, Orangetree Ut lities. ' JUL Z 8 1998 Executive Summary Waterways of Naples Unit Three Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 445.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - N/A Drainage, Paving, Grading (.425% const, est.)- $ 693.79 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - N/A Drainage, Paving & Grading (1.275% const, est- $2081.37 GROWT]{ MANAGEMENT IMPACT The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Waterways of Naples Unit Three" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permit's be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. JUL ~ 8 ~998 Executive Waterways of Naples Unit Three Page 3 PREPARED BY: John R. Ho61dsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert Mulhere, AICP Plannin. g Services Department Director Viadent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date Date Date JUL Z 8 1998 I 4 --- - ~ ~0~ LOCATION MAP ,a c~n~.?. O. ' JUL g 8 7,°98 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SLr~D:t'~qSlON IMPROVEMENTS PKIOK TO RECOKDI'NG OF PLAT AGREEMENT, entered ~nto °~'"' day of , 19__, between WATERWAYS JOINT VENTURE '~--~;--~" referred to as 'Developer" and the Board of County Commissioners of Collier County, hereinaRer referred to as 'The Board". ?,E¢ITAL$ Developer has, simultaneously with the delivery &this Agreement, applied for the, appro.,val by the Board ora certain plat of subdivision to be known as: WA TERWA Y,2 C, 2: ',." :~' ,:r. UNIT THREE. 2 Division 3.2 Of' the Collier County Land Development Code allows the De:.,,~.::-3er ~.o construct the improvement~ required by said subdivision regulations prior to re¢.c:'/.:',~, ':ne final plat. NOW, THEREFORE, in consideration of the f'ore~oing premises and mutual covenants set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and infrastructure serving WA TER IFA YS OF NAPLES, UNIT THREE within .~f mr, r:':'. ~''' ". the date of approval of said subdivision plat, said improvements herein after re.rz:-.--:. the required improvements. Developer herewith agrees to construct szid improvements prior to recor~:r..g .--.aid subdivision plat and the Board of County Commissioners shall not approve ~.hz ::a': f~:- recording until said improvements have been completed. 3 Upon completion of said improvements, the developer shall tender its performance security (Letter of Credit/Surety Bond), in the amount of $33~941.00~ which amount representg 10% of the total contract cost to complete construction. Upon receipt of said subdivisio:: performance security by the Development Services Director, the Developer may request the Board of' County Commissioners to approve the subdivision plat for recording ~..-:~2 grant preliminary approval of.said plat. The required improvements shall not be considered complete until a statement of s,:bs~an!ial completion by Developer's engineer along with thc final project records have been JUL 2 8 1998 ,. 6 to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of' substantial completion, either: a) notify the Developer in writing of h~s preIh'~nary approval of the improvements; or b) notify the Developer in writing of his rcf~.~al :o approve improvements, therewith specifying those conditions which the Develop.,': m~t fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of' the impro .,,~.:':: mt:, i," they are in fact constructed and submitted for approval in accordance with the recmic*.ements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petiti$;'. ~.he Development Services Director to inspect the required improvements. The Develc$.-..::.:':: Services Director or his designee shall inspect the improvements and, if found to be -:li,i ir: compliance with the Collier County Land Development Code as reflected by final appc?_c by the Board, the Board shall release the 10% subdivisions performance secu,"it~,. ::'.'..,'. Developer's responsibility for maintenance of the required improvements shall unless or until the Board accepts maintenance responsibility for the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreem.~n:, upon certification of such failure, the County Administrator may call upon the performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the fin,~l total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditior~s herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 JUL 2 8 1998 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this .~ day of' ,19__. Signed, Sealed and Delivered in the presence of': Waterways Joint Venture, A Florida Partnersk;? By Waterways of'Naples, Limited, Gener~,.= a.,,:,.:- -,,- By Waterways Development, I. Igc,.~eneral P~,"m~r Richard D.~np~rt, Pr~'sident ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISS!C_,b~}..-_g OF COLLIER COUNTY, FLORIDA By: .... Barbara B. Berry, Chairman Approved as to form and legal sufficiency: David C. Weig~ei Collier County Attorney ,JUL 8 1998 EXECUTIVE REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IKPROVEKENTS FOR THE FINAL PLAT OF "QUAIL WEST UNIT ONE, REPLAT BLOCK B~ OBJECTIVE: To grant final acceptance of "Quail West Unit One, Replat Block B" CONSIDERATION: On January 8, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block B". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association 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, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. . GROWTH MANAGEMENT IMPACT= None JUL Z 8 1998 Executive Summary Quail West Unit One, Replat Block B Page 2 RECOMMENDATION: That the Board of County Co~,issioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Quail West Unit One, Replat Block B" and release the maintenance security. 1. 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 Engineering Review Manager Date ~obe~t Mul~ere, AICP 'Pla~ng/~ervices Depa~m~nt Director VincVent A. Cadtero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date j rh JUL Z B 1998 0 .I I 2 3 6 8 9 Ir) 11 12 13 14 16 17 18 19 2O 21 22 23 2a 25 26 2? 28 29 3o 31 32 33 3.~ 35 36 3'; 38 39 40 41 42 45 a6 ~9 50 52 53 5a ~5 ~6 57 58 ~9 [I - I RESOLUTION NO. 98- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUAIL WEST UNIT ONE, REPLAT BLOCK B, RELEASE OF THE MAINWENANCE SECURITY. A,Nq3 ACCEPTING THE MAINTEN.~CE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AN'D SEWER LMPROVEMENTS THAT ARE NOT REQU1R~D TO BE I~LMNTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of Coun~ Commissioners of Collier County', Florida, on August 5, 1997 approved the plat of Quail W~st Unit One, Repla! Block B for recording; and WHEREAS, ~e d~'eloper ~ cons~ucted and mslntained the roadway, dr~il~ge, water and sewer improvemems in accordance with the approved plans and specifications and as required by the Land Des'elopment Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Su~nd,xrds and Proced~es Ordinance (Collier County Ordinance No. 97-17), and ~-IER~AS. the des'eloper has now requested final acceptance of the roadway, drainage. water and sesver improvements and release of his maintenance security; and WHEREAS. the Compliance Services Section of thc Development Services Department has inspected the roadway, drainage, water and sewer improvemems and is recommending acceplance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BO.~tD OF COUNTY COMMISSIONERS OF COLLIER COb~'NTY, FLORIDA. that final acceptance be granted for those roadway, drainage, water and sewer improvements in Quail West Unit One, Replat Blo~k B, ~,d authorize the Clerk to release the maintenance security. BE IT FL'RTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sev,'er improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DW1GHT E. BROCK. CLERK Approved as to form and legal sufficiency: BOARD OF COUN ~-'Y COMMISSIOI~IERS COLLIER COUNTY, FLORIDA By:. BARBARA B. BERRY. CHAFR~,L~I Heidi F. Ashton Assishmt Collier County Attorney JUL 2 8 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "KENSINGTON PARK PHASE FOUR", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Kensington Park Phase Four", a subdivision of lands located in Section 13, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Kensington Park Phase Four". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by a Construction, Maintenance and Escrow Agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Pursuant to Florida State Statute No. 177. 101 (2), the recording of this replat shall automatically vacate and annul all of the prior plat encompassed by this replat. Engineering Review Section recommends that the final "Kensington Park Phase Four" be approved for recording. plat of FISCAL IMPACTs The fiscal impact to the County is as follows. The project cost is $790,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $256,928.00 - $533,072.00 The Security amount, equal to 110% of the project cost, is $869,000.00 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: $9255.18 Fees are based on a construction estim~ $696,973.00 (does not include City Ofalp water distribution system) and were April, 1998. .--e of 2 8 1998 Executive Summary Kensington Park Phase Four Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 613.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 819.50 Drainage, Paving, Grading (.425% const, est.- $2458.51 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2265.56 Drainage, - $6796.67 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATIONs That the Board of County Commissioners approve the Final Plat of "Kensington Park Phase Four" with the following stipulations: Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Kensington Park Phase Four." Authorize the Chairman to execute the attached construction and maintenance agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 5. Authorize the Clerk to make proper notation of this action in the public records. JUL 2 8 1998 Executive Summary Kensington Park Phase Four Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Engineering Review Manager Robe~wMulhere, AICP - P1 ng Serv. ices-De~ment Director ¥~t A. Cauter6, ~ICP,--Administra~or Co,-~-,unity Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date JUL Y, 8 1998 ILl . IIIII III III I I I II I II IIIII I IIII IIIIII CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS TH~ CONSTRUC'HON, MAINTENANCE SUBDMSION LMPROVEMENTS entered into this Goodlette, Trustee, the property Commissioners of Collier County, (hereinafter "Lender"). owner, (hereinafter Florida, (hereinafter AND ESCROW AGREEMENT FOR day of ,1998 J. Dudley "Developer"), the Board of County the 'q'he Board") and AmSouth Bank RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Kensington Park, Phase Four B. The subdivision will include certain improvements which are required by Collie: County ordinances, as set forth in a site construction cost estimate ('Estimate") prepared by Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as Exhibit I. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. ~.. · D. Lender has entered into a construction loan agreement with Developer"d~ted April 15, 1998 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ 869,000.00, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. JUL 8 1998 P~. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements. to be constructed pursuant to specifications that have been approved by the Development Sen, ices Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ 869,000.00 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow S 869,000.00 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director v,'ho shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (I0%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of S '/8,992.82, which shall remain in es.crow as a Developer guaranty of maintenance of the Required Improvements for a minimum period.., of one (I) year pursuant to Paragraph i0 of the Agreement. However. in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the JUL 8 1998 2 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to .complete the Required Improvements. the Board, after duly considering the public interest, rnay:at its-option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person excePt as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary. approval by the Development Sen'ices Director. After the one year maintenance period by the ' Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this A~eement is terminated. The Developers responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Count.,,'. II. All of the terms, covenants and conditions herein contained are and st/ail be binding upon the Developer and Lender. the respective successors and assigns of the Developer and Lender. IN WITNESS WHEREOF, Agreement to be executed by ,199_ Signed. Sealed ~nd Delivered Printed Name Witj3e.c,s Printed Name Printed Name the Board, the Developer and the Lender have caused this their duty authorized representatives this __ , day of By: J, Dudley Goodlette, Trustee J. Dudley Goodlette, Trustee By: 'i'ho~as El; Finlay -/ Vice-President / ATTEST: DWIGHT E. BROCK. CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~~ S. Berry, Chairrn'Var, Approved as to form and legal sufficiency: L.,,.~D~vid~,eigel- - . Collier County Anomey 5 JUL 2 8 1998 i IIII I I I IIIIIII IIIIIII EXHIBIT 'T' ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST I. Potable Water System II. Sanitary Sewer System Drainage IV. Paving, Concrete, Miscellaneous SubTotal I0% of Total 110% of Uncompleted Work Total (rounded to nearest $I,000) 110% Escrow Amount $ 92,504.00 $163,900.55 : $112,476.15 S 421,047.50 789,928.20 78,992.82 $ 868,921.02 $ 869,000.00 6 JUL 2 8 1998 x .c rxv REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WESTVIEW PLAZA REPLAT" OB,TECTrv~ ~ To approve for recording the final plat of "Westview Plaza Replat", a subdivision of lands located in Section 1, Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Westview Plaza Replat". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision improvements associated with this plat. The recording of this replat shall automatically vacate and annul all of the prior plat encompassed by this replat. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Westview Plaza Replat" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows: The County will realize revenues as follows: Fund: Co.~unity Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $950.00 Fees are based on a plat review fee of $450.00, and a vacation fee of $500.00. JUL 2 8 1998 Executive Summary Westview Plaza Replat Page 2 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATIOn= That the Board of County Commissioners approve the Final Plat of "Westview Plaza Replat" with the following stipulations: 1. Authorize the ~recording of the Final Plat of "Westview Plaza Replat." 2. Authorize the Clerk of the Circuit Court to make proper notation of this action upon the previous plat. PREPARED BY: ,John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ]{obMrt Mulhere, Planninc~ Services Department Director VinCent A. Cautero, AICP~,~dministrator Co~,-~,-unity Development & Environmental Services Co,,miunity Dev. and Environmental Svcs. DIVISION Date 31// s Dat~ Date Date , UL 8 1998 SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "CARDINAL COVE AT FIDDLER'S CREEK" OBJECTIVE: TO approve the final plat of ,,Cardinal Cove at Fiddler's Creek", a subdivision of lands located in Section 15, Township 51 South, Range 26 East, Collier County, Florida. CONSIDERATIOn: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cardinal Cove at Fiddler's Creek". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of Cardinal Cove at Fiddler's Creek" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACt.: The fiscal impact to the County is as follows. The project cost is $187.288.80, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 59,748.00 b) Drainage, Paving & Grading - $127,540.80 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: $3816.15 Fees are based on a construction estimate o $187,288.80 and were paid in May, 1998. JUL 2 8 1998 / Executive Summary Cardinal Cove at Fiddler's Creek Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 453.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 298.74 Drainage, Paving, Grading (.425% const, est.)- $ 542.05 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 896.21 Drainage, Paving & Grading (1.275% const, est- $1626.15 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION= That the Board of County Commissioners approve the final plat of "Cardinal Cove at Fiddler's Creek" with the following stipulations: That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. JUL 2 8 1998 Executive Summary Cardinal Cove at Fiddler's Creek Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert~~u~here, Ai C~'~-~p Plann~3 Services Department Director Vincent A. CauCero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date Date Date JUL 2 8 1998 CONSTRUCTION AND MAINTEN~ AGREEMENT FOR SUBDIVISION IMPROVEMENTS PR/OR TO RECORDING OF PLAT THIS CONSTRUCTION AND MA1N'rENANCE AGKEEMZNT FOR SUBD!'~SIOM IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGKEEMENT *.,meted intc ~.~;.s day of , 1998 between 951 Lamd Holdinga Joint Veatm"e, hereinafter referred to as the "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board", "CAP, D~ COVE AT FIDDLER'S CKEEK' 1, Developer has, simultaneously with the delivery of this Agrce,,.-n. znt, ~_..s~i.!e: for the approval by the Board ora certain plat ora subdivision to be kuow as: 2. Division 3.2 of the ColLier County Land Development Code allows the DevelcT~': m construct the improvements required by said subdi'vision regulations prior ~o xe,;r,r."::,z :~: fi.ual plat. NOW, THZREFOILE, in consideration of the foregoing premises and m,-'::a! hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be co~tructed water, sewer, roadway, drainage, lighting within 36 months from the date of approval of said subdivision plat, said ;'~'~-' hereinafter referred to as the rcqo~¢d improvements. 2. Developer herm~th agrees to construct said improvements prior to rc~o:.-;'i.-.?; s~,"..~ aubdivision plat and thc Board of County Commissioners shall not approve the plat for reca.~ding until said improvements have been completed. 3. Upon completion of said improvements, thc Developer shall tender it performance security in the amount of S18,728.83 which represents tcn perc~t (t0%) cf ".'.".s contract cost to complete construction. Upon receipt of said s,,odivision pcrformance s¢:us-i.W by th~ Development Services Director, thc Developer may request the Board of 'Zo'anty Commissioners to approve the subdivision plat for recording and grant prclimina.,'y spp.,-cval of said plat. JUL 2 8 1998 IN WITNESS WHEKEOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representative this__ day of' I99g. Signed, Sealed and Delivered in the presence of: ~]:~inted or Typed Name) {Printed or THaed Name) 951 Land Holdings Joint Venture. a Florida General Partnership By: Gulf Bay I00, Ltd., a Florida Limited Partnership By: G__u,,..~.~ B ay6 ~m¢.o.~a ~l opt~ d ah~o....~oration nAo~bi~dY~.' :;a%° ' 7 t si d e ?'i ~ Attest: Dwight E. Brock, Clerk Deputy Clerk Board of County Commissioners of Collier County, Florida By: Barbara B. Berry, Chakm~r. Approved as to form and legal sufficiency: ~i]~,~D'~id C~ Weigel ' ' - Collier County Attorney JUL 2 8 1998 W ~1 I,l~ 141,II I I~ I l~lWnvdO~lOI d~ ] x .etrr REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PARK PLACE WEST" OB,IECTIVE; To grant final acceptance of "Park Place West" CONSIDERATION .. On April 23, 1991, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Park Place West". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association 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. The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions· Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. G MANA EMENT MPACT~ None JUL 2 8 1998 :utive Summary Park Place West Page 2 " ~TION~ the Board of County Commissioners grant final acceptance of roadway, drainage, water and sewer improvements in "Park Place West" and release the maintenance security. 1. Authorize' the Chairman tOexecute.'the attached resolution authorizing final acceptance. · Authorize the release of the maintenance security. ,! BY: John R. Houl, Engineering Review ' REVI] BY Senior Engineer E. Kuck, P.E. Review Manager Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date Date bate JUL 2 8 1998 , ~,~. ,, ~. J 1 2 3 4 $ 6 7 8 9 10 1I 12 13 16 17 18 19 20 21 22 23 24 26 27 2g 30 31 34 36 37 38 39 40 41 42 4~ 46 47 49 ~0 ~2 ~3 ~6 ~7 S9 RESOLUTION NO. 95-~ RESOLUTION AUTHORIZING FINAL ACCEPTANCE DF TItOSE ROADWAY, DRAINAGE. WATER AND SEWER IMPROVEMEN-I'S D,' PARX PLACE WEST, RELEASE OF THE MAIN'rENANCE SECURITY, AND ACCEPT~'G THE .M.MNTENANCE RESPONSIBILITY FOR THE ROADWAY, DKAL~AGE , WATER AND SEWER IMPROVEMEN-rs THAT ARE NOT REQUIRED TO BE SLAIN'rAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, ~he Board of County Commissioners of Collier Count', Florida. on March 20, 1990, approved the plat of Park Place W~s! for recording; and WHEREAS, the developer has consiructed and maintained thc 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 Procedures Ordinance (Collier County Ordinance ,No. 9'/-17). and WH'EREAS, the developo' has now requested final acceptance of the roadway, drayage. water and sewer improvo-aents and release of his maintenance securitT; and WHEREAS. the Compli~-nce Scr~ccs Section or the Development Services E)cp~:'cmen: has ir~ected the roadway, drainage, water and sewer improvements and is recommending acceptance ofs~id facilities. NOW. THEREFORE. BE iq' RESOLVED BY 'H-IE BOARD OF COU~'TY CO~[ISSIONERS OF COLLIER COL.~'TY. FLOKIDA, that final acceptance be granted for those roadway, drainage, water and scv,'er improvements in Park Place West. and authotGze the Clerk to release thc maintenance securi~. BE IT FURTHER RESOLVED ANT) ORDERED that the Count' accept the lucre maintenance and other attendant costs for the roadway, drainagc, water, and sm'er improvements Ihat arc not required to be maintained by LhC homeowners association. This Resolution adopted after motion, second and majority vote favoring s,~ne. DATE: ATTEST: DWIGIlT E. BROCK. CLERJ-' BOARD OF COUNTY COIVEVlISSIONERS COLLIER COlIN'fY. FLORIDA By: BARBARA B. BERRY. CHAIRMAN Approved as to form and legal sufficiency: L-i..,'i. J'l''/'' Heidi F. Ashton Assistant Collier County Atxomey JUL 8 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDIN(~ THE FINAL PLAT OF "LELY ~OLF VILLAS" OBJECTIVE -. To approve for recording the final plat of Lely Golf Villas, a subdivision of lands located in Section 27, Township 50 South, Range 26 East, Collier County, Florida. CONS~DERATION~ Engineering Review Section has completed the review of the final plat of "Lely Golf Villas". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Lely Golf Villas" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Co,~u,,unity Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Lely Golf Villas" with the following stipulations: 1. Authorize the recording of the Final Villas." Plat of "Le JUL 2 8 1998 Executive Summary Lely Golf Villas Page 2 PREPARED BY: John R. Houlds~worth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. ~inee~in~ Review Manager ~~~n~~~~~s ~DCePpa r t ment Director Vinc6nt ~. Cautero, AICP Admin±~t:rator Community Dev. and Environmental Svcs. Co~..unity Dev. and Environmental Svcs. DIVISION Date Date Date JUL 2, 8 1998' COL - DRI o '19 :E L£L! R. & D.~ M~-iELL LOCATION N.T.S. ':. ~ HUNTINGTON · L_.~'ooDs., :-~ RATTLESNAK COUNTRY CLUB 2O NAPLES HANOR TRE ACRES 29 V!~'iCE.H1 RES'[ VIC MAP 21 'SITE 28 A RT COMMUNITY 33 TDRIA IELD NO. ~ JUL 2 8 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF VANDERBILT COUNTRY CLUB AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of Vanderbilt Country Club. CONSIDERATIONS: The Board of County Commissioners on May 5, 1998 approved the final plat of Vanderbilt Country Club with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT.' The fiscal impact to the County is listed below. project cost is $1,669,267.00, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $1,836,194.00. The developer has provided a Letter of Credit as the required security. The County will realize revenues as follows: Fund: Co~nity Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services · Revenue generated by this project: Total: $31,645.87 Fees are based on a construction estimate of $1,669,267.00 and were paid in December 1997, and April 1998 and are reflected in the Executive Summary of May 5, 1998. JUL 2 8 1998 P;. Executive Summary Vanderbilt Country Club Page 2 ,GROWTH~4ANAGEKENT IMPACT: None ..RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Vanderbilt Country Club", with the following stipulations: l) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Vanderbilt Country Club". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: ,_mas E. Ku'~k, P~E. ineering Review Manager l~Sb~ r t~ul'ne ~%e, AICP Vinbent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH :ew Date Date Date AG D ! ~. JUL ~ 8 ~998 L~L, REL, OAK V~IDERI~:LT 'C=.. =:'~E -';DOE VICINITY MAP NDERB! ES T G X.DEN GATE I~L NOT TO SCAT.Ir. JUL 2 8 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into this ~ day of 199g between Worthington Communities of Naples. Inc. hereinafter referred to as "Developer." and the Board of County. Commissioners of Collier CoumT. Honda. hereinaRer referred to as the "Board." RECITALS: A. Developer has, simukaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as: Vanderbilt Country Club B. Division 3.2 of the Collier Coumy Land Development Code requires the Developer to post appropriate guarantees for the con.ruction of the improvements required by said subdivision regulations. said guarantees to be incorporated in a bonded agreement for the construction of the required Improvements. NOW. THEREFORE. in consideration of the foregoing premises and mutual covenants heremaRer set forth. Developer and the Board do hereby covenant and agree as follows: i. Developer Wql cause to be constructed: Roadway. UtilRies, Drainage and Landscaping in Vanderbik Country Club within 12 m<xrdas from the date of approval said subdivision plat, said impmvemmts hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Extiibit "A" and by reference made a part hereof in the amount of $ !,836,194.00 which amount represents 10% of the total cont~ct cost to complete ~ction plus 100% of the estimate. cost of to complete the required improvements at the date of this Agreement. in the event of default by the Developer or failure of the Developer to complete such improvements wnhin the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvemexts shall not be considered complete until a stat~ of substan6al completion by Developer's engineer along waJa the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance ~ the Collier Courity Land Development Code. JUL 281998 The Development Semces Director shall, within sixty (60) days of receipt of the statement of substanual completion, etther: a) notify, the Developer in writing of his preliminary approval of the tmProvements; or b) notify the Developer in writing of his refusal to approve improvements, therewrda speckling those conditions which the Developer must fulfill in order to obtam the Director's approval of the tmprovements. However, in no event shall the Development Sermces Director refuse Preliminary. approval of the improvements ff~ey are in fact constructed and submmed for approval in accordance wTth the reqmremems of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year alter prdimmary approval by the Developmertt Services Director. After the one year maintmance period by the Developer has terminated, the Developer _da:all ~ the De~lop~ Services Director to inspect the required improv~ats. The De~lopment Services Director or his designee shall ~ the improvements and, if found to be still ia compliance with the Collier County Land Development Code as reflected by final approval by the Board. the Board shall release the remaining 10% of the subdivision performance security. The Developer's respensibdrty for maintenance of the required improvemems shall c. ommue unless or urml the Board accepts maintmance responsibility for and by the County. Six (6) months aRer the execution of this Agreem~ and once w/thin every six (6) months thereafter the Developer may request the Developmem Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance secumY shah be accompanied by a statemem of substanUal con~letion by the Developer's engineer together w/th the project records necessary for rt~iew by the Developmem Services Director. The Development Services Director may grant ~he r~tuest for a reduction in the amount of the subdivision performance security for the improvements compl~ as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintmance of the required improvemems. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids. the improvements required hereto. The Developer, as principal under the subdivision performance security, shall be liable to pay and to mdenmify the Board, upon completion of such construction, the Final total cost to the Board thereof, including, but not limited to, engineering legal and commgem costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions ofthis Agreernerrt. All of the terms, covenants and conditions hereto mined are an shah be binding upon the Developer and the respective successors and assigns of the Developer. JUL 2, 8 1998 IN WITNESS WHEREOF, the 13o~rd and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of 1998. SIGNED, SEALED AND DELIVER.ED Printed or Typed Name Worthington Cotmmmifies of Naples, Inc. onnell Vi President Printed or Typed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By:. Approved as to form and legal su~denc~. JUL 2 8 1998 COLONIAL BANK IRREVOCABLE STANDBY LETTER OF CREDIT NO. 152149 ISSUER: Colonial Bank, 16740 San Carlos Blvd. Ft. Myers, FI., 33908 PLACE OF EXPIRY: At Issuer's ccunters. DATE OF EXPIRY: This Credit shall be valid until July 7,!999, and shall thereafter be automatically renewed for successive cne-year periods on the anniversary of its issue unless at least sixty (6~) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the issuer elects not to so renew this Credit. APPLICANT: Worthington Communities of Naples inc., (hereinafter "Applicant"), 448 C.R. 951, Napl~s, Fl., 34119 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Fl. AMOUNT: $ 1,836,194(U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on ~he Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT P~IRPORTEDLY SIGN'ED BY THE COUNTY MANAGER, CERTIFYING T~{AT: "Worthington Communities of Naples, inc. has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Vanderbiit Country Club or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". An ABil~te ot C, c4oaM I~aeGmup, lac. 16740 S~n ~ Blvd. S.W., P.O. Box 08009, Foet Myers. Flmtda 33908 'lMepboae 941/466.7S00 / Fmc 941/466.6(XX) www. colocl~nl,_eom AN EOUAL OPPOR~TY FMPlf)YF~R JUL 2 8 1998 DRAFT(S) DRAWN UNDERTHIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Colonial Bank Letter of Credit No. 152149, dated "July 7, 1998". The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No, 400. Dated this 7:h day of July 1998. Colonial Bank 16740 San Carlos Blvd. First Vice President JUL 2 8 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF "PELICAN MARSH UNIT EIGTrTEEN", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Pelican Marsh Unit Eighteen", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION= Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pelican Marsh Unit Eighteen". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Pelican Marsh Unit Eighteen" be approved for recording. FISCAL IMPACT The fiscal impact to the County is as follows. The project cost is $631,833.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $270,078.00 - $361,755.00 The Security amount, equal to 110% of the project cost, is $772,249.00 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: $12,003.95 Fees are based on a construction estima $631,833.00and were paid in June, 1998. JUL 2 8 1998 Executive Summary Pelican Marsh Unit Eighteen Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac - $ 452.56 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1350.39 Drainage, Paving, Grading (.425% const. Est - $1537.46 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4051.16 Drainage, - $4612.38 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATIONs That the Board of County Commissioners approve the Final Plat of "Pelican Marsh Unit Eighteen" with the following stipulations: Accept the Performance Bond as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Pelican Marsh Unit Eighteen". Authorize the Chairman to execute the attached construction and maintenance agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. H6uldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Rbberfl- MUl~r'e, AI CP / ~', ~P~ar~ lng Sez-vices D~artment Director ~'in6e~t A. Cautero, -AICI~, Administrator Date 7.~0.c Date Date JUL Z 8 1998 C. P)J~C CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDMSION IMPROVEMENTS THIS AGREEMENT entered into this ~ day of ., 1998, between WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware Limited Partnership, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier Count', Florida, hereinafter referred to as "The Board". RECITALS Developer has. simultaneously with the delivery, of this Agreement, applied for the appreva! by the Beard of a ce~ain plat efa subdivision to be .t-_hewn as Pelican .Marsh. Unit 18. Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreemev, t for the constructio'n of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter se: fo,th. Developer ad the Board do hereby covenant and agree as follows: Developer will cause to be constructed: The paving, drainage, potable water, irrigation water, sanitary sewer, and street lighting improvemen:s for Pelican Marsh Unit 18, within twenty-four (24) months from the date of approval of said subdivision plat, and said improvements hereinafter referred to as the "required improvements". Developer herewith tenders its Subdivision Performance Bond (aRached hereto as Exhibit "A" and by reference made a part hereof') hereinafter the "Bond". in the amount of $772,249.00 which amount represents 10% of the total contract cost to complete construction, plus 130% of the estimated cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier Count3.', after written notice to Developer, may call upon the Bond to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a state;::-:.:':: of substantial completion by Developer's engineer along with the final project JUL 2 8 1998 I III records have been furnished to be reviewed and approved by the Development Service.-; Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixt3' (60) days .of receipt of the statement of substantial completion, submit '..Cs recommendations concerning the required improvements to the Board. Upon receipt by the Board of recommendations from the Development Ser-,'ices Director concerning required improvements, the Board shall within thirly (30) days either: (a) notify the Developer in writing of its prelimin~'-?' acceptance of the improvements; or Co) notify the developer in writing of its refusal to accept the improvements, therewith specif2,.'ing those conditior'.s xYhich the Developer must fulfill in order to obtain the Board's acceptance o[ the improvements. However. in no event shall the Board refuse preliminary acceptance of the improvements if they are in fact constructed a.nd submitted for an,J:., , in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for minimum peric~ of one year after preliminary, acceptance by the Board; after the one ye..'.: maintenance period by the Developer has terminated the Developmer Services Director shall inspect the improvements and, if found to be still i: compliance v,'ith Collier CounD' Land Development Code as reflected by fiE:. acceptance by the Board, the Developer's responsibility for maintenance the required improvements shall terminate and the Board shall release remaining 10% of the Bond. otherwise the Developer's responsibility for maintenance shall continue until final acceptance by the Board. In accordance with Division 3.2 of the Collier County Land Developmer~ Code, the Developer may request the Development Sec'ices Director to reduce annually the dollar amount of the Bond on the basis of work completed. Each request for a reduction in the dollar amount of the Bond shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary, for review by the Development Services Director. The development Services Director may grant the request for a reduction in the amount of the Bond for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure by the Development Services Director and upon notice as provided by the Land Development Code, the Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvement required herein. The Developer, as principal under the Bond tendered herewith, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including but not limited to, engineering, legal and JUL 2 8 1998 II I o contingent costs, together with an)' damages, either direct or consequential, which the Board may' sustain on account of the failure of tke Developer to carry out all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and sba!! be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused tkis Agreement to be executed by their duly authorized representative this day of ,1998. Signed, sealed and delivered in the/:rresence o~'"',,x ? DXX~GHT E. BROCK, CLE~ Owner & Applicant WCI Communities Limited Partnership, a Delaware Limited Partnership By: Susan Hebel Watts Senior Vice President BOARD OF COU,'NTY COMMISSIONER OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: County Attorney L:\common\crn\construction and maintenance a~eement.doc JUL 8 3998 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond Number: I ~-007-512 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership ]4301 V/alden Center Drive Bonita Springs. FL 34134 (hereinafter, referred to as "Owner") and Liberty Mutual Insurance Company Boston. Massachusetts (hereinafter referred to as ' Surety') are held and firmly bound unto Collier County. Florida. (hereinafter referred to as 'County") in the total aggregate sum of Seven Hundred Seventy Two Thousand Two Hundr.~'," Forty Nine Dollars and Zero Cents ($ 77].249.00). in lawful money of the United States. for the payment of which sum well and truly to be made, we bind oursek, es. our heirs, executors, administrators, successors ara assigns, iointly and severally firmly by these presents. Owner and Surety are used for singular or plural, as th.~ context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by th~ Board a certain subdivision plat named Pelican Marsh Unit 18 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of Surety shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific improvements described in the Land development regulations (hereinafter the guaranty period). NOW. THEREFORE. if the Owner shall well. truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County. and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from the against all costs and damages which it may suffer by reason of O~vner's failure to do so. and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void. otherwise to remain in full force and effect. PROVIDED, FURTHER. that the said Surety, for value r~ceived hereby, stipulates and agrees that no change. extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond. and it does hereby waive notice of any such change, extension of time. alteration. addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment." wherever used in this Bond. and whether referring to this Bond. or other documents shall include any alteration. addition or modification of any character whatsoever. JUL 2, 8 1998 THIS POWER OF ATTORNEY IS NU I VALIU UNLI=b~ ! I lb ~'l'llf~ ! E.U ~Jl~ I~I=LJ ~/~',.,I%UrlVU~L/. Thl~ Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner end to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETrS POWER OF ATTORNEY KNOW ALI. PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance .C...o. mpany (the "Company'). a Massach[ mutual insurance company, pursuant to and by -'.uthority of the By-law and Authorize,ion hereinafter set for',,',, does hereby name. constitute and appoint. HARRY A. DINGER, JR., JOHN D. MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK STATE OF NEW YORK · · · each h, ldw~duatly if ~ere be more than o~.e named. ~ts true and lawful a~omey-imfacl to reek.e, .execufe.?ea.l: ac.k. nowf.ed.g.e and d.e!wer, for and _o~.~ ! behalf as sure~ and as ~ act and dee~. any and a~l undertakings, bends, recognizances eno other surety om!gattons tn the pe~.m su.m ~ct. e~ce ~e~_ ng -- __.~,,~--,~,.__.~-._~_~.___,.~-,--~--*___--.,~--. DOLLARS ($ $0,000 000 '"'~"*"~'1 each. and the execution o~' ~~u~e o; II, ese presents~ s~al-~"'~as I~nd,ng upo~ l~'.e Company as ~ mey had ~een duty signed by the ~restdent a~d a~es:ed .,_- the Secretary of the Company in thesr own p;o~er persons. · That ~hi$ power is made arid executed pursuant to and ~ authority of the fol/c~nng By-law and Authorization: -.~ ARTICLE XVI - Execut~ of Cor~tracts Section 5. Sure~ Bonds and Undertakings. ~. ~ Any offcer or other ofhc.a: o' ~,,e company au*,hodzed for tr'~at puqx~e, in w~.ting by the chairman or lhe p~esident, and suoject to s. uc~ ~ ~ limga~o~s as the crmirman or ~e prescient may prescribe, shall apoo;nt SuC~ attorneys-in-fact, as may be necessary :o act ' -~: company to make, execute, seal. acknowledge and deliver as surety any and all unde~akings, bonds, recognizances and !1' ". :-: ob~abon$ Suc~ a.',orney$-~n-fa~ subje~ :o the ~mitat OhS set foc, b Jn ~eir respective powers of attorney shall have tull "~_~ gS; ' ~.,, ' n f ~ , h ins'ruments a.'x:t to a~tach the,nfo the seal of the com;~an Whe~ so -~ _, company by the,r $',, .a~ure eno execuflo o a. y sv:c , . · Y · ', ~ ~1 [ instruments st,all ~e as ~,n¢,ng as d signed I~y the pres~den! and attested by me se~etary. 11.- ~, ! .,y ~e f~,~g *~.sfru,~ent t~e cha,rman or the pres,dent has autho,zed me c,.'ficer or o..~er official r~amed ~erein to appc..~: ;~ ~ ~u P~ ,o Art~ ×v,. ~,~.on ~ of ,e By.,a~,. A,s.s,an, Sec,,~:! G~,,et W. E,.~tt ~ ~e,e~. au,,~.,ed ,o a~:., s~c~ ~ I ~, "~ [as may be necessary '.o ac', tn ~ehalt O~ lhe company to make· exe,'..~te seal. acknowtedge ac.C dehver as surety any a"c[ a', unto. :l. ~ = J bends recogntzacces an,:. c:~'er su,e:y cbrrga!~ons. ~ ~"~ [ ?ha* ~lne ~y.,aw ano =ne ~umonza::o~, above set tonn are t.-ue cop,es .--.erect a.'.~ are row tn tull force a.',c e,*tect ilo Pi' ' : Ii ~ L. ~ l"J W1TNES$ ',4JI-IEREOF. th~s ~r~S:rU.'n, e~.! has t:eer~ su".$cn=e3 .~:' ':s a..-.".c.':zed off<er and .~',e ccr--.,orate seal o! lee sa~c~ · !1.~ O I Ccm,.gany has ~een aff,~ed the:em tn P~ymc~:h Mee?.g. Pennsy~va~,a .'.~s 2cjun . day cf · . . ,[v.ly .19 97qll~ , ilo-el · .. · ;I ~- ~ 1 ' LIBERTY MU~"JAL INSU~.AI'JCE COMPANY l.~.~ I ~),M'! J. ';'" . I ,* -/ Garnet W. Elbofl. Ass, s~am ,sec .~ary II ~ %. COUNTY OF MONTGOMERY "* ~i On this 29th ..... day of July . A.D. 19 97 . before me. a Notary Public, perso~ally came the indzvidual, known ~ '~ I me to be the therein descj:~ed-~y~dual and officer of Liberty Mutual Insurance Company who executed the preceding ~nstrument. -- t- I end that he executed U~.san~ aP~:t~'~4l Ihe seal affixed to the said preced~g instrument is the coqx~ate seal of sa~ comDany; and [ O = I teal and h~s si,~nature/~'sct~:3-~r~."~Y~as duty afl xed and subscribed ~o ~e said instrument by autl~nty and direction of the sam company. Il': U l ' ?.,~'/4,'; ...... II I IN TESTIMON:L~REOF, I f't~,~,~jC'tp set my hand and affix my off--.al seal at PlymouL~ Meeting. P..~. the.day and year first above wn~en ,. ~. ~<.rs,~n".~7~,.",.,-T,~L4,.,ry-'~'v~'- o, ~be~ ,,~al ,.su~. C~any. do ~e,e~ ce~ty th,, the o~.a, =w., o!...',o~.ey o, wh<h th, foregoing is a furl. true a~11'L~Ef copy. ~s ~ full force and effect on the date of this certd'~ate; and I do further certtfy that the omcet w~o executed said power of attorney was one ol the officers specially authorized by the chairman or the president to appoint any attomey-tn-lact as prOWded in Art,:le XVI. Sec"do~ .5 of the By4aws of L~berty Uutual Insurance Company. Th~s certdcale may I:)e s~gned by facs~"nfle under and by au~onty of the following vole of the board of directors of Liberty Uutual Insuratv.."e Company at a meeting duly called and held o~ t~e 121h day of March. 1980. VOTED that t~e facsimtle or mectmn~Cally reproduced signature of any assistant secretary of the compe, m/wherever appea~ing u~on a certified copy ol any power of attorney issued by the company, shall be valid and Dinding upon t~e company with the same force and effect as THIS POWER OF ATTORNEY MAY NOT BF.. USED .- .- ; :: :.* . .:.. though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal o! the said company, jUi'i 3 "u ~""",o,~ "~-- ' ~~~\'"'~ ~ '~ '"' ' ' ' . -.-... ~' 'F'~_-~~~.: ' '" :' :' .' EXECL~IE At~Y~ J -.,~,- ~-o ~.~.:. :-::..':...~.:.:_:-.~..-..-..:. ~,:..~-~.. :-... .: .. REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF AVILA UNIT TWO AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE, To approve for recording the final plat of Avila Unit Two. CONSIDERATIONS The Board of County Commissioners on July 29, 1997 approved the final plat of Avila Unit Two with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. project cost is $81,604.95, to be borne by the developer. The The security amount, which exceeds 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $186,466.62. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. 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: $1617.12 Fees are based on a construction estimate of $81,604.95 and were paid in January, 1997, and are reflected in the Executive Summary of July 29, 1997. I JUL 8 1998 Executive Summary Avila Unit Two Page 2 .~__~MANAGEMENT__IMPACT~ None ~ECOMMENDATION~ That the Board of County Commissioners approve the final plat of "Avila Unit Two", with the following stipulations: l) Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Avila Unit Two". 3) 4) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Hould6worth, Senior Engineer Engineering Review Date REVIEWED BY: Thgmgs E. Kuck, P.E. E~'qiheering Review Manager Robert ~/Ul~ere,~ AICP P~~g Services Department Director ' fVi~c~~C'aute~ro,~ICP, Administrator Community Development & Environmental Se~ices Community Dev. and Environmental Svcs. DIVISION j rh Date D~te Date JUL 2 8 1998 27 ,34 PROJECT LOCATION ITEM LOCATION MAP JUL 2 8 1998 CONSTRUCTION, .',iAINTENANCE AND ESCROW AGREE3XENT FOR SUBDIVISION INIPROVEMENTS THIS AGREE~'[ENT entered into this let day of July, 1998 by BDC,~-Avila at Grey Oaks, Inc. ,hereinafter "Developer'), THE BOARD OF COLLIER COUNTY. FLORIDA, ¢herema3:er 'Tbs Board'~ and COLONIAL BANK (herema/zer "Lender'). RECITALS: A. Developer ~as. mmuitaneously with the del/v~ry of this A~'eement, apphed for '.he ~pproval by the Board cf a cert~.m plat of a subdzvmon to be known ae A%qLA UNIT TWO. B. The subd~v~mon will include certain ~mprovementa which ~re required by CoKier County ordinances, as ~et for%h in a site construct/on cost estimate C'Ee~mate") prepared by James ~. Ink. PE. a cop)- of wklch ~ at.ached hereto and incorporated hereto as Exhibit 1. For purposes of th~ Agreement. t]:e "Requ:xed Improvements" are iunited to those described m the Est:mate. C. Secuons 3.2.6.5.6 and S 2.9.1 of the Collier County Subdivision Code Die-.sion of*.he Land Development Code requires the Developer to pro~nde appropriate guareunlees for lhe cortstruct~on a_nd m~untenance of the Required Improvement~. D. Lender has entered into a construc'./on loan agreement w~th Developer dated May 13. 1998 (:he "Construction Loan") to fund the cost of the Required Improvements. E. DevelopeP and '.he Board have acknowledged that the amount De~loper ~e required t~ g'aitrantee pu. rsuant to th~s Agreement ~s $186.466.62 and this amount represents 110°,5 of :he Developer'e engineer's esurna~e of the construction costa for the 1Required Improvements NOW, "tHEREFORE. in consideration of the foregoing premi.es and mutual covenants iteremafter set forth. Developer, the Board and l:he Lender do hereby covenant and agree a~ follows: 1. Developer will cause the water, sewer, roads, drainage and like fa~i'.,it~es, the Required Improvement~, to be constructed pursuant to spec2Jlcations r. hat have been approved by ~he Development Services Director within six months from the ,late oi approval of sa~d subdi~-~s~on plat. 2. Developer hereby authorizes Lender to hold $186,486.62 from the Construc~on Loan. in e,crow, pursuant to the terms of th~s Agreement. 3. Lender agrees to hold in escrow $186,466,62/rom the Cons~n'uction Loan, to be disbursed only pm-suant to ~his Agreement. Lender acknowledges that this Agreement shall no~ consl~tute a d.raw agsa.v.~t the Construction Loan fund, but that o?,ly such funds as are actually disbursed, whether pursuanl; to this Agreement or a provision of the Construcl:ion Loan. shall accrue 4. The e~'rowed funds shah be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more '.ban once a month to the Developer. in amount~ due for work done to dat~ based on the percentage compleuon of the work multiphed by the respec'.ive work cos~ less ~en percent (10°,~): and further. that upon completion of the work, the Development Ser~'~ces Director shall approve tke release of any remainder of e~crowed funds except to the extent of $29,316.42 which shall remain ~n escrow as a Developer ~taran~- of maintenance of the Requ.t~ed Improvements for a mimmum period of one { 1) year pursu~n~ to Paragraph 10 of the A~reement. JUL 2 8 1998 COLLIER COUNT%' LAND DEVELOP.MENT CODE However. in the event that Developer shall fall to comply with the requirements of this Agreement. then the Lender agrees to pay to the County lmmed2atelv upon demand the balance of the funds held m escrow by the Lender. as of the date of the demand, p~ovided that upon payment of such balance to the County. the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by' the Development Serx~ces Director to the effect that: a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement: b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such Work as the County. in its sole discretion shall deem necessary in the public interest to the extent of the funds then held m escrow, c) The escrow funds drawn down by the County shall be used for constructmn of the Required Improvements. engineering, legal and contingent costs and expenses, and to offset any damages, either d~rect or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above- mentioned development work: and. d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended m completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorizatmn bi' the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the De~eloper of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial compleUon by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development SerVices Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a} nonfv the Developer in writing of his prelimina~- approval of the improvements: or b} notify the Developer m writing of his refusal to approve the ~mprovements. therewith specl~'sng those condmons whmh the Developer must fulfill m order to obtain the D~rector of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision: provided that the Lender does not release any monies to the Developer or to any other person except as stated this Escrow Agreement. JUL 2 8 1998 10. The Developer shall maintain all Required Improvement for one year afar preliminao' approval by the Development Services Director. After the one year maintenance period by the Developer and upon submissmn of a written request for inspection, the Development Services Director shall inspect the Required Improvements and. if found to be still in compliance with the Code as reflected by final approval by the Board. the Lender's responsibility to the Board under this Agreement zs terminated. The Developer's responsibility for maintenance of the Required Improvements shah continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this { ~, day of 30~t ,1998. BDG~nc. COLONIC, BANK '~ ~i~W~---"~. First~ ~% ce President ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal suffiCient.: ~ - County Attorney By: Chairman JUL 2 8 1998 REQUEST TO APPROVE THE FINAL PLAT OF "GREY OAKS UNIT TWELVE" OBJECTIVE: To approve the final plat of "Grey Oaks Unit Twelve", a subdivision of lands located in Section 24, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Grey Oaks Unit Twelve". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Twelve" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $278,451.71, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 79,247.00 b) Drainage, Paving & Grading - $199,204.71 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cos~ Center: 138900 - Development Services Revenue generated by this project: Total: $4815.35 Fees are based on a construction estimate of $245,in June, 726.711998. (water is City of Naples) and were~~!~ ~)~ JUL 2 8 998 l~g,_.._..!_ ____..,,--- Executive Summary Grey Oaks Unit Twelve Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 498.44 b) Construction Drawing Review Fee Water N/A Sewer (.50% const, est.) - $ 232.61 Drainage, Paving, Grading (..425% const, est.)- $ 846.62 c) Construction Inspection Fee Water N/A Sewer (1.5% const, est.) - $ 697.83 Drainage, Paving & Grading (1.275% const, est- $2539.85 GROWTH MANAGEMENT IMPACT The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMKENDATION~ That the Board of County Commissioners approve the final plat of "Grey Oaks Unit Twelve" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. JUL 2, 8 1998 Executive Summary Grey Oaks Unit Twelve Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. E~~~'neerSng Review Manager Robert/Mdlhe~e, )tICP V~eEt A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh Date Date Date Date JUL 2 8 1998 27 ,34 ~ ~ LOCATION PROJECT LOCATION MAP JUL 2 8 1998 ~,~- /~ CONSTRUCTION AND blAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDM' )N IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT emercd into ~ __ da.,,' of July, 1998, bet'ween Grey Oaks Dc~lopm~ Corpora~io~ ~ rcfcrmi ~o as "D~vd~," aad ~ Board RECITALS: the Boardofa certain plat of a subdivision to be knc~ az: GreyOalts Unit 12Parcel 9. B. Division 3.2 of thc Collier Coup., Land Dcwlopmcnt Code allows the E)c~lopcr ~o can.s'wac~ NOW, THEREFORE, in considcra~on ofth~ foregoing pnm~scs and mutual covrna~ ~ .~ forth, Develol~r and th~ Boant do ho'thy co~r~t and ag~ az follows: 1. Devdop~ ~ill cause ~o bc con.swuc'0:d: Thc paving, clr'ainz~, potable w~'r, irrigation ~a~r, sankary. ~ ~ ~ ~ ~~ for Gr~y Oaks Unit 12 Parcel 9 whhin ~Iv~ (12) rncan~ from th~ dat~ of approval of said i~,,-o,,=~. 2. Dc~lopcr hcrcwith agrees to construct said imp~ pnor to rccording said subdivision plat and thc Board of Coum'y Commi~oncrs shall not approve thc plat for recording umil said imp~ 3. Upon co~,~lction of said improvcmcms, thc Developer shall t~ader its subdivision ~ security in th~ amoum of Tweray Nine Thousand, Nine Hundred Thirty-Eight and 70/100 ($29,938.70) Dollars which rcpn:se~ tm percem (10'A) of the total contract co~t to compl~ construction. Pa~ 1 of 3 t: ~on r~4pt of said 4. TI~ ~ imp~ shah no~ be con.sido-cd complc~ ungl a shnI~nenI of substangal compl~ion by Do. lopes o~inec-r alon~ v, ith th~ ~ proj~--t r~:orcts hav~ b~n fumisho:! to b~ r~i~xt and Cxx~. S. T~ Do~lopm~ S~ic~ Dir~ shah, whhin ~ (60) days or ~ or d~ ~ or substam:ial compl~on, either, a) noti~' the Devel~ in ~riting of its preliminao., approval ofth~ ~; o~ b) noti~' th~ Dc~lop~ in ~hting of its refusal to approve the ~, ~ spccif-)ing tho~ Ho~,,~', in no ~nt shall the l~l~ Services Diructor rufiis~ prcl~mina~ approval ofth~ knpruvm~uts if Board, th~ Board shall release tl~ ten l~CCut (10%) subdivision pcrfonmnce security. TI~ Ek'wulopcr's 7. In th~ ~ th~ rL-vulopa- shall fail or neglect *o fulfill its ominous uuder this ~ upon c~ificafiou of such ~ ~e Coup. Admi~i-,:trator may call upon fl~ subdivision pcrfonuauco s~uity t° securu salisfac*~-c°mplai°u, rupair and maiutcmnce of the nxtuirud imprm~uts. Th~ Board shall ha~ JUL 2, 8 1998 P~c 2 of 3 and receipt of acceptance of bids, the h,,pmvemems required herein. The Developer, as principal unda' the subdivision perfommx:e security, shaI1 be liable to pay and to incl~ii~dfy the Board, upon completion of such day of Jub; 1998. inthe~of. -.N Pdnted or typed name Prin~ or typed nam~ DEVELOPER: Vice-President of Engineet~ and ~ction ITr~e) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dep~ Clerk By: ./,-o _...m-6t c. wdg t, '7~13dN..443~ V~. 01 ~ r~,&d Page 3 of 3 ,JUL ~, 8 1998 AUTHORIZE THE COMMISSION CHAIRMAN TO SIGN A PARTICIPATING PARTY AGREEMENT WiTH SHAW AERO DEVICES, INC. AND WILLIAM T. HIGGS AS A REQUIREMENT FOR RECEIVING A $750,000 ECONOMIC DEVELOPMENT GRANT. ~ To have the Board of County Commissioners authorize the Commission Chairman to sign Participating Party Agreements with both Shaw Aero Devices and William T. Higgs as a requirement for the reciept of a $750,000 Economic Development Grant. This is a requirement of the grant which was awarded to the County by the Florida Department of Community Affairs (DCA) eadier this year. ~v.O.J~R]j~]Dj~Eartier this year, the County was awarded a $750,000 Economic Development Grant by the Flodda DCA. This grant is to be used for building a road with infrastructure in a PUD known as White Lake Industrial Park. In our application for this grant, Mr, William T. Higgs, the developer, agreed to prepare the land for development if the County was awarded funding. Mr. Higgs participation in this project is approximately $325,000. In the same grant application Shaw Aero Devices, Inc. agreed to build a 70,000 Sf Factory/Office building at this site if the County was awarded the grant. Shaw Aero's participation is approximately $6,800,000. They also agreed to create 43 new positions at this site, with over 51% going to Low to Moderate income households. As part of the grant agreement with the DCA, the County must enter into agreements with all "Participating Parties" involved with the grant. These agreements require the participating parties to fulfill the above listed promises that they made in our application for this grant. ~: A budget amendment will be required to recognize the grant proceeds in the Urban Improvement Grant's Fund (121), CDBG Cost Center (138755). Amount: $750,000. ~: The Collier County Comprehensive Plan does not.include an Economic Element. However, the Board of County Commissioners has identified economic diversity as a Strategic Goal, which will serve to strengthen the economic viability of Collier County. : That the Board of County Commissioners authorize the Board of County Commissioners Chairman to sign the Participating Party Agreements with both Mr. William T. Higgs (the Developer) and Shaw Aero Devices, Inc. (the Company who will generate the new jobs); and approve the necessary budget amendment. SUBMITTED BY Date: 7 "- Z [- ? ~ Doted Blalock, ~[ans~age r R. Jr, H ousin~_.~,~ nt REVIEWED BY: / :~"-'-/~'/~ - -- Date: 7~ ~ / ' ~ ~g ~haf~ Director ~h~t A. C~utero AIC~, ~dmini~tmtor ~mmuni~ Dovelopment & ~nvimnmenta~ JUL 2 8 1998 COLLIER TCLT~T.Y CO:~,',PACT ~AP, TiCIPATiNG PA~.T"[ AGREEM..[~TT .-~iS P~TiCiPATi:;G PARTY A~REEMD~, is entered in:c this __ ~a? cf ?lot:da :hereLnaf:er referre~ :c as the 'Recipient~l; and Shaw Aer: RECITALS The ~ec:plent Ls eligible for a Small Cities, Community Development Block Grant for Ecomom:c Development (CDBG-ED} fr~ :he Depar:men: Co~mi:y Affairs (hereinafter referred to as th~ '5C~'] S:R:~ of ~lorlda ~m :he amcun: of S7S0,000. ~e pu~ose of :h~s gran: area kno'~ as Wh1:e Lake Imdustr=a! Park fPL~), wh:ch :s :',~el by a Er. Willla~ T. H;ggs. The ~pecif~c comd~:lons under which the CDBG-~ gra~: funds w:il be ex~ended shall be con:ained :n a :~ Com:ra:: :he Rec~p:e~: ~here~maf:e: referred :o as the "Award Agreemen:). The CDBG--=D grant condi:iona the funding upon the Cc.~pany taking ... t.,. ~rcper:y at certain actions w:'~ regard :o the development of ~- White Lake for ~ur~:ses :Insistent with the grant progra=. iii. The Reci~en: an~ :he Co-.--pany desire :o me~or:ah:e :...ir understandings and obi:ga:ions regarding :he implementa::on of the CDBG-ED grant t: the Rec:p:en:. T~EREFORE, IN CONSIDERATION OF the foregoing recitals, and for c:her good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Recipient and the Company agree as ~ollows: The Reeipient's CDBG-ED application as revised per submit:ed to DCA, da%ed March ~1, 1998, (hereinafter 'A~plicatlon~: incorpora:ed here=n by reference and made a par: hereof. T...e JUL 2 8 1998 a=reeso tc ~erfcrm-. the spec!ftc act:'/ities previously ~cmpan7 in :he AFpi::at~cn and those recited herein. The te:~.- :f this ~art:::~at~ng Party Agreement shall c:mmence Tn the date that :t :s dul7 executed b7 both parties, and shall e.~ire cn the. date of DCA's a~proval of adn~n~strative close-out of the Awa:d Agreement an~ when all other conditions as spec~f:e~ b7 the Award Agreement and this ~art~:~atlng Party Agreement are met. The CcmFany will create and satisfactorily document the creation retention :f at iedst Forty Three 143) full-time e~:valent perr.~nent net new fibs; cf w~;oh Twenty Three (23) full-time ecfuivalent perm.~nent net new ]o~$ are tc be r~de available to members of iow households (50% or lower cf Collier County median ~n~ome by household s;ze) or moderate ;noose households (80% cr lower of Collier County's median zncome by household size) as specified in the Application. if .-more than Forty Three (4)) full-time equivalent permanent net ;cbs created, fifty-one percent (51%) of those Jobs shall be made availa to members of !ow and ~oderate inc~ne households. The required of jobs to be created shall be created and documented no later t.han twenty-four (24) months fr.-m.., the date of the Participating Party Agreement, as ~t ma?' be amended, Documentation shall be the Florida Small Cities CDBG Program Pre-employment ~ousehold Income Verification Form for each job created (Attachment A). The requirement for documentation of the creation and/or retention of these jobs survive the term. of this Participating Party Agreement. The failure cf the C~mpany to satisfactorily document the creatLcn cf the agreed upon number of lobs made available to ~e..-%bers of iow or moderate income households, or to expend, or satisfactorily do~u=ent the expenditure of the full amount of equity dollars agreed upon ($6,800,000) shall be an act of default by the Co...-pany u.%der this Par=icipating Party Agreement. AGE~OA~]~,~,,~.~ JUL 8 1998 The Co.--party shall prov:de or cause to be provided such :ramnmmg t: men, ers of iow and moderate mncome households, as nay be mecessary :o eqump '~° w~tn the skills required to created that have been designated in Application Fo.--r... ~-l~ iG~ (Attachment B, cr any ~utually agreed tc revislons to F:r~ ~-l~ ~ The p. eclp:emt shall requ:re that the Company extend an~- effectmve ~:a:.' '~9. :998 and through the term of thcs Elcht Mundred Thou s a.-.d Part}' 'gr_..-._nt a ~:.-.--.--u.-.. cf Six Million Dollars, ($6,8:~,3::' tc :nclude accfaisitlon of land and construct:on of a new buxlding as szated in the Application, Progra.~. Budget, Scope of work, and work Plans. Expenditure documentation shall ~e to the Recipient in a form and content satisfactory to DCA '.hat allows accurate ready comparison between expenditures and related as defined on Form CD~G E-3 (Attachment C) This documentation shall be less than prc-.'ided tc th..:._cm.~:_nt as expenditures occurred, hut no'. .... s.-. a three wee-. --as:s ~2eta:i:.'._= expenditures tc date '~'" ~ the pre...:_~us two-week calendar .=er:od. The Ccm. pany shall construct one or more buildings whLch shall acco~odate at a mini~Jm, the facility described in the Application (the "Co.~pany's Facility"). z, recf.'-ested w" the Recipient the Company shall provide to w- Recipient cr :ts agents such reasonable informat:on concern:ng -,he pro]eot as ',he Rez:p:ent may reasonably require as -~t relates specifically tc the ccndltions of the grant. The Company has the right to initiate the eligible Construction :rems as of May 18,1998. Substantive construction by the Company shall begin no later than October 15, 1998. And shall be completed no later =hen one year after the completion of the Recipient's infrastructure improvement $ contract · JUL 8 1998 10. This Partit~pat:ng Party Agreement and any amendments :hereto, must approved by the DCA as to form aid content prior to execu:itn. Upon approval of DCA, Participating Par=y Agreemen: shall be =..-~_ed=ately execu:ed, and a copy shall be mailed to the DCA by the Recipient, The right or approval granted to %he DCA with respect to changes ~: the shall survL'.'e %he term :f th~s Agreement. The DCA does not assu~e any liabil=ty or respons~billty for the accuracy or enforceab~l=ty of =his Participating Par~y Agreement through the exercise of this rLgh: of approval. t... Award Agreement Pursuant to Florlda Admln. Code ~ny extension of ~ 9B-43.D14, shall act as an extension of this Partlcl~atlng ~arty Agreement. Failure cf the Keclplent to notify the Company zf such an extension shall not ~n-;aildate thls provision. The Reciplen: in coordination with the Company shall =rack new created as a result of =he construction of the ~nfras=ructure. tracking cf sald lob creation shall continue: a. Until the cos~ per ~¢b (defined as total grant amount d:vided by total jobs created cr retained) by all Participating Parties no longer exceeds $~0,$~C, ~ b. Un=il the Ccs~ per ~ob (~eflned as total gran= amount divided by total jobs created cr retained} by the Company no longer exceeds $i0,C00, c. For One i; year following physical completion of the infrastructure. The aggregate of all jobs created or retained as a result of the building construction shall be counted to ensure that Fifty One percent (51%) of all new full-time equivalent jobs are taken or made available to low and moderate income persons. The Co~pany shall prc¢~de upon request by the Recipient, the required ~ob orca:ion and/or retention lnforma~ion on a minimum of once every Thirty (30) JUL Z 8 1998 PO. ~ - day period or at a m:nimum of once every Ninety (90) day period. At a nin:m=m, the Ccm~an}' shall participate in the State cf Fisr~da's WA~ES Program, and w~il h~re at least one permanent fuil-t~e e..-91~yee who is currently seek=ng work through this program. The h=rL~g C! this partL¢ipant must be do=umented in writing with the Recipient as soon after hir=ng as posslb!e. Company. in =ons~derazxon of Ten Dollars {$10.00). the receip= and suffi¢Xency of whxch ;s acknowledged by the signing of this Agreement. covenants and agrees ~hat :t wxll defend, protect and save and keep. the Recz~zenz. and =ts agents and employees, forever har~..less a~d indeT~if:ed agalnst and from amy claims, suits and ac=ions, penalty. da~uge, injury, attorne}'s' fees, costs or charges ~Tposed, for an7 v~ola:ion of any law er crdinance by the Company, whe:her occasioned by the neglect of co.~9any or those holding under Company, or othe~.'ise, and that cc..-~.any will at all times defend, protect, indeT~ify and sa-ne and held harmless the Reciepient against and from all caiims, su::s, a==:ons, loss, Injury, costs, attorneys' fees, daT~ge or expense, ar~s=ng out of or incidental to the performance cf this agreement b}' the 2:~pany, or work performed by Company, zts agents and e~ioyees, umder the ~BG-ED grant. ThZs provision shall also pertain to any claims brought against Recipient by any e~loyee of Co.any, any s~-con=rac=or of the C~any, or anyone directly er indite=fly e~loyed by any of them. JUL 8 1998 Pg. ~ ~ O~ ~ ~GS~OI~RS rDR ~.,k'~)~ ~U'T~rzc:g~c~ t Sit,kw )~.RO Drk,'Z~ '"' JUL ~, 8 1998 Attachment A PRE-EMPLOYMENT HOUSEHOLD INCOME VERIFICATION FORM JOB APPLICANT ~,DDRESS PHONE ~DDRESS NUI~,',BER Of PERSONS LIVING AT THE ABOVE ADDRESS BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE STATE WHETHERTHE INCOME FOR YOUR HOUSEHOLD WAS BELOW THE SPECIFIED RANGE DURING THE LAST TWELVE MONTHS. NUMBER OF PERSONS IN HOUSEHOLD FOR 1998 INCOME RANGE BELOW THIS RANGE WAS YOUR INCOME I $0.00 TO S30.300 Yes No , 2 S0.00 TO S34,600 Yes No , 3 S0.00 TO S38,950 Yes No.~ 4 $0.00 TO S43.300 Yes.~ No 5 S0.00 TO S46,750 Yes.~ No 6 $0.00 TO $50.200 Yes.~ No 7 $0 00 TO $53.650 Yes.~ No 8 $0.00 TO S57.150 Yes.~ No .. Please Indicate how many people In each of the following categories reside In the household. Some members may need to be counted in more than one category. American Ind~anlAlaskan Nat,ye As,an or Pacific Islander Black. Non-Hispamc Elderly (60*) Female Head of Household Handicapped Hispanic White. Non-Hispamc * The above information is required by the federal government solely to monitor compliance with equal opportunity employment lawa and will not be used for other purposes. Should · job applicant decline to disclose the above information, the employer is required to note race and sex based on visual observation or surname. I affirm that the information stated on tins form is true and accurately reflects the composition and income data of the household in which I reside. JOB APPLICANT'S SIGNATURE G ' CDBG E~¢ De~e~3ow~e~t G~,t - ~,,,~ite Lake 199~'P~-emPlo3~',en! DATE JUL Z 8 1998 Attachment B (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMI3-rED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW' JOB CREATION INFORMATION NAME OF PARTICIPATING PARTY Sh~ Aero Devices. Inc.. JOB TITLE OF CREATED JO~J HOURLY I TOTaL~'TE pAY RATE JOBS TO Oq aNN"JAg BE PaY RATES CREATED C.o~ figuration AEmm S 38.000 $ 32.000 i TOTAL rTE / TOTAL JOBS TO BE I ANNUAL CREATED ~ PAYROLl. ;OR LM! J FOR THIS JOB ~ERSONS ) TITLE Mfg. Em~mee~ 31.200 I 38.000 S 19.300 $ 19.000 $ 38.000 $ 32,000 $187.200 31.200 62.400 TOTAL ANNUAL PAYROLL FOR JOBS TO BE :REATED MIPERSONS 6/30/98 6~30,'9S 6130'98 0 6/98 & 9:99 S 38.000 0 6/98 & 6,'99 S 77.200 S 77.200 6/98-9198 6/30/98 Were, 1 I $ 19.000 $ 19.000 euw, S 25.000 I I S 28.000 $ 28.000~3/30/98- c~c~m~,~ S 25.000 3 3 $ 75.000 S 75.000 6/30/9~ 24 NOT O~mt~' $ 25,000 I 1 $ 25,000 S 38.000 0 S 25.000 $ 38,000 10 $ 651.000 TOTALS S 38.000 6/30/98 9/30/98 S 262.200 % JUL 281998 J I I Attactunent B (Continued) (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF PARTICIPATING PARTY Shaw Aero DeveloDmenl. Inc, JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL TOTAL ANNUAL PROPOSED CREATED JOB PAY RATE JOBS TO JOBS TO BE ANNUAL PAYROLL FOR HIRING DATE OR ANNUAL BE CREATED PAYROLL JOBS TO BE MONTH/YEAR PAY RATES CREATED FOR LMI FOR THIS JOB CREATED FOR PERSONS TITLE LMI PERSONS Engineer $ 38,000 1 0 $ 38.000 0 9/30/99 Designer $ 30,000 1 0 $ 30,000 0 17__/30/99 Machinist Proto Manger S 30,000 1 0 $ 30,000 0 9/30/98 CNC Prog/Machinist S 30,000 1 0 $ 30,000 0 9/30/98 Technical Sales $ 28,000 1 0 $ 28,000 0 9/30/99 WeldedLead Person $ 27,000 1 0 $ 27,000 0 9/30/98 Press Operator $ 20,000 I I $ 20,000 $ 20,000 6/30/99 Assembly $ 18,000 8 8 $ 144,000 $ 144,000 9/98-6/99 Planner $ 26,000 1 1 $ 26,000 S 26,000 6/30f99 Secrelary/AdminAsst. $ 24,000 1 1 $ 24,000 $ 24,000 9/30/98 Quality Inspector $ 24,000 1 1 $ 24,000 $ 24,000 9/30/98 Ship/Receiving Clerk $ 17,000 1 1 $ 17,000 $ 17,000 9/30/99 Attachment q CDBG-E-3 SOURCE AND USE OF FUNDS SOURCES OF ALL PROJECT FUNDS: Participant Amount Source 1. CDBG Grant $ $ 750.000 STATE OF FLORIDA, 2. William T. Higqs - Power Com. $ -. $ 204.080 . Private Developer 3. Shaw Aero Devices $ $ 6.800.000 Private Develooer 4. $ 5. II. Uses of All Project Funds: ACT. # ACTIVITY CDBG 2 3 04a Fire Protection $ 7,600 04a Water Facilities $ 75,250 04b Sewer Facilities $142,570 04c Storm Drains $ 70,935 005 Street Improvement - Paving $ 347,745 005 Street Improvement - Lights, signs, landscaping, sprinkler systems $ 45,900 005 Street Improvement - Lights, signs, landscaping, sprinkler systems $139,080 001 Acquisition - Land $1,400,000 001 Acquisition - Building $ 5,400,000 Proposed Administrative Cost $ 60,000 Proposed Engineering Cost 0.00 $ 65,000 I T°tal Gross Project Cost $750,000 $204,080 $6,800,000 ~~~- JUL 2 8 1998 P.// COLLIER COUNTY CONTRACT PARTiCiPATiNG PARTY AGREEMENT THiS PARTiCiPATi:{G P~RTY AGREEM..E:~, is entered into this da}' of 1998 by and between the B~ard -'_. rcunty co..--~...:ssioners of Collier ....... . -'--'~. ,hereinafter referred %r as the '~eri~zen:'t; and willLam T. H~ggs ,here:nar=er referre~ t: as the RECITALS Gran: for Econo-ir 2evei:~ment (~'~DBG-ED~ from the Department cf Affairs (herelnafter referred to as =he "DCA") State of Ficrlda in the amount of $75~,000. The purpose of this gran= :s =c :nfrastruc:ure for :he developmen: of an industrially zoned a -a k, nc',~ as White Lake indus=rial Park ~P~), which is o~ed by =he Developer. The speclflc condl=ions under whlch the CDBG-ED grant funds 'w~il be e~en~ed shall be centa:ned %n a DCA Contrac~ with the Reclp:ent herelnaf=er referred =o as the "Award Agreement}. The CDBG-ED grant conditions the funding upon =he Developer taking certain actions with regard to the development of the property at White Lake Industrial Park for purposes consistent with the grant program. IIi. The Recipient and =he Developer desire to memorialize their understandings and obligations regarding the implementation of the CDBG-ED grant =c the Recipient. THEREFORE, IN CONSIDERATION OF the foregoing recitals, and for other good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Recipient and the Developer agree as follows: The Recipient's CDBG-ED application as revised per site visit, submitted to DCA, dated March 31, 1998, (hereinafter 'Application') is incorporated herein by reference and made a part hereof. The Developer agrees to JUL g 8 1998 perfo:-m the specific activities described in the Application and recited herein. The ter=. cf th~s ~art~c:pat~ng Party Agreement shall commence on the date that it is duly executed bi' both parties, and shall expire cn the. ~ate of DCA's approval cf administrative close-out of the Award Agreement and when all other conditions as specified by the Award Agreement and thls Participating Party Agreement are met. The Developer w~il expend, or satisfactorily document the expenditure of the full amount -' ~=Jlt'.' d-~iars aoreed upon ($204 080) The faiiure cf the D-.v.lcu-r~ - t= satlsfactorily document the exuendlture, cf the full amount cf e~:?' dollars agreed upon ($204,0B0) shall be an act of default by the Developer under this Participating Part-:' Agreement. The Recipient shall require that the Developer ex~end and document Developer's amount of leverage referenced in the application cn £4(i) {A), and in A==achmen= A, effective May 18, 199S and amended June 30, 1998, and through the term of ~h~s Participatin~ Party Agreement. The funds are to be expended cn street zmprovements and other infrastructure as described In Form CDBG E-3 of the Application, and In Attachmen: B. Expenditure documentation shall be provided to the Recipient in a form., and content satisfacto~! to DCA that allows accurate ready co..-~arlson be=ween expenditures and related activities as defined on Form CDBG E-3 {Attachmen: B) This documentation shall be provided to the Recipient as expenditures occurred, but not less than on a three week basis detailing expendLtures date through the previous two-week calendar period. The Developer shall construct or cause to be constructed, one cr more roads w~=h infrastructure ~prc';ements and landsca~in9 which shall accomm...odate at a minimum, the infrastructure project described in the Applica%ion. JUL 8 ]998 ! if rec~uested ~:.' the p. ec:p:ent, the Developer shall provide to ~ Rec:~:ent or its agents su:?, teas:haSle .~nformation concerning the pro,eot as the Re:~p:en: .-.ay reas¢.-.a~:y req~-'-ire as it relates speci::cally t: :he condit:ons of the gram:. 10. The Developer has the right to initiate the eligible Construct:ch :tens as of May 18,1998. Substantive construction by the Developer shall begin no later :hah October L, 1998. And shall be completed no later then one year after the s:gn:n~ cf thcs agreement. This Partic:pat:ng Party Agreement and any amendments thereto, must be approved by the DCA as to form aid content prlcr approval of DCA, Participating Party Agreement shall be :.-r:ned:a:ely executed, and a copy shall be mailed to the DCA by the Recipient. The r:gh: or approval granted to the DCA with respect to changes to the Particlpat:ng Party Agreemen: between the Recipient and the Developer shall surv:ve the te:~r,., cf this Agreemen%. The DCA does not assume any 'labiiL:y cr respons:bll:tY for the accuracy or enforceability of this Partlc:~at:ng Part}' Agreement through the exert:se of this right of approval. Any extension of the Award Agreement Pursuant to Flor:da Admln. Code 43.014, shall act as an extension of this Participating Part}' Agreement. Failure of the Recipient ~0 notify the Developer of such an extension shall not invalidate this provision. 11. Developer, :n ccnsLderat:on of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by the sipTling of this Agreement, covenants and agrees that it will defend, protect and save and keep. the Recipient, and its agents and employees, forever harmless and indemJ.:fied against and from any claims, suits and actions, penalty, damage, injury, attorneys' fees, costs or charges imposed, for any violation of any law or ordinance by the Developer, whether occasioned by the neglect of Deveioper or those holding under Developer, or otherwise, and that Developer will at AG D ' No.~~)~ JUL 8 1998 3 all times defend, pro=cc=0 indemnify and save and hold harmless =he Reciepient agains: and from all calims, suits, actions, loss, ~njury, costs, attorneys' fees, damage or expense, arising out of or incidental to the performance of this agreement by the Developer, or work perform, ed by Developer. izs agents and employees, under the CDBG-ED grant. Thls ' provxsicn shall also pertain to any claims brought against Rec~p~en~ by any employee of Developer, any sub-contractor of the Developer, cr anyone directly or lndlrec=iy employed by any of them. JUL 8 1998 iN W:TN.'ESS ~ERECF, the Recipien~ and the Company have executed this a~reement as of the date first written above. BOARD OF COL~'TY COMMISSIONERS FOR COLLIER COL~'i.Y, FLORIDA. A POLITICAL SL~DIViSION OF T}{E STATE CF FLORIDA ATTEST: DWIGHT E. BROCK By: BARBARA B. BERRY, CHAIRM~uN By: Date' APPROVED AS TO FCP~ LEGAL SUFFICIENCY: MEiDi F. ASh~ON ASSiSTA/~T COb~TY ATTCR:;EY ATTEST: WILLIAM · HIGGS WiID.~ESSES: SiGNATL~E PRINT N~ME ~ND TITLE SIGNATb~E PRINT. N~ME A~ TITLE Date: JUL 8 998 ~ttachment A CDBG-E~ PROJECTIMPACT LEVERAGE A. PARTICIPATING PARTY LEVERAGE - Leverage provided from the funds of a Participating,Party, including equity and loans, as reflected o~ CDBG-E-3(I), Sources and Uses of Fum:ls: The following establishes points for funds that w~ be expended by a Participating Party after the date of the site visit and prior to the submission of the administrative closeout. The funds may be i~ the fon'n of cash. or from funds derived from loans to the Participating Party diractty related to the proiect. Funds must be spent on activities at the Job creation location or directly in support of grant,elated activities at the job creation location. Only the ~nitial amount of transient assets such as inventory, supphes, and work~g capital may be counted here. On-going cost of operation, such as payroll, inventory Durchases. non-ca~itahzed equipment, or other like expenses, may not be counted. Equity irwestment Dy a Participating Paffy must be counted here. Participating Pariy Amount 1. Wifliam T. Hioos - Power Comoration $ 204.080 . 2. Shew Aero Devices $ 6.800.000 3. $ 4. 5. $ 6. $ TOTAL A. S 7.004-080 Score one point for each $10,000 in private funds used f~ leverage in TOTAL A. (DO NOT ROUND UP). Score 150 150 maximum DOCUMENTATION OF LEVERAGE MUST BE INCLUDED IN APPENDIX B JUL 2 8 1998 Attachment B CDBG-E-3 SOURCE AND USE OF FUNDS I. SOURCES OF ALL PROJECT FUNDS: Par~ic~ant Amount Source 1. ~ $ S 750.000 STATE OF FLORIDA 2. Wilham T. H~oas - Power Cor~ S ~, 204.080 Private Developer 3. Shaw Aero Dev,ces S $ 6_800.000 pr)yate Deve~ooe~ 4. $ II. Uses of All Project Funds: CDBG 2 3 4 04a .'ire Protection 7,600 04e Water Facilities 75.250 ! $142.570 04b Sewer Facilities 04c Storm Drains $ 70,935 005 Street Improvement - Paving $ 347,745 005 Street Improvement - Lights, signs, landscaping. sprinkler m/stems $ 45,900 005 Street Improvement - Lights, signs, landscaping, sprinkler systems $139.030 001 Acquisition - Land $1,400,000 001 Acquisition - Building $ 5,400.000 I Requested CDBG Project Cost $ 690,000 Proposed Administrative Cost $ 60,000 ~ Engineering Cost 0.00 JUL 2 8 1998 .;. APPROVE A RESOLUTION TO EXECUTE A JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, WHEREIN, COLLIER COUNTY AGREES TO MAINTAIN PROPOSED HIGHWAY LIGHTING IMPROVEMENTS TO SR 45 (US 41 NORTH) FROM GULF PARK DRIVE TO IMMOKALEE ROAD. ~ To obtain Board approval by resolution authorizing the Chairman to execute a Joint Project Agreement with the State of Florida Department of Transportation (FDOT) wherein, Collier County agrees to maintain the proposed highway street lighting to be installed in conjunction with the six laning along a portion of SR 45 COS 41 North) from Gulf Park Drive north to Immokalee Road. ~ The FDOT's work program has roadway improvements to SR 45 (US 41 North) from Gulf Park Drive north to Immokalee Road scheduled for the Summer of 1999. Roadway widening to six lanes and highway street lighting will be funded by FDOT and Federal Aid Contributions. Pursuant to Section 339.08 (2) (6), Florida Statutes and Federal Aid Number STP-1993 (1), FDOT requires the County to enter into a Joint Project Agreement to maintain street lighting improvements upon completion of the proposed project prior to FDOT finalizing project funding and construction dates. The project will provide for the installation of a staggered highway lighting system located along SR 45 (US 41 North) as safety improvements. Approximately 120 lights are proposed for installation. Construction costs will be the responsibility of FDOT and continued electrical and maintenance costs will be the responsibility of Collier County. To meet this projects requirements, approval of the attached FDOT Resolution and Maintenance Agreement is respectfully requested. This agreement has been reviewed and approved by the County Attorney's Office. It is further requested that the recording of this Resolution and Agreement be completed after the State has executed the documents and has returned an original copy of both the Resolution and Agreement to the Transportation Services Department. FISCAL IMPACT: Funds will be allocated for the FY 2000/2001 budget in the amount of $49,000 ($407 per light per year) in Road and Bridge Fund: 101-163630. Similar funds will be allocated in future budget years. Executive Summary Page 2 ~: These improvements are consistent with the Collier County Growth Management Plan. g]~,O~u~[~]~: That the Board of County Commissioners adopt and approve the attached resolution and Joint Project Agreement to maintain the highway street lighting improvements proposed by FDOT in accordance with State Project Number 03010-3568; authorize the Chairman to execute five (5) original copies of the resolution and agreement; and direct the recording of such documents after execution by the State. SUBMITTED BY: l~a.a..' . ~ . . REVIEWED B~sor REVIEWED BY: ~"'~'/v~'~"~'~k ~ ',t~ ,r Edward I. Kant,,a~ ,~o-rtation Direc o Ed Ilschner, Public Works Administrator Date:--~--.~/?~ Date: d' -'.,FY "5'01' Date: q''- ~"" ~'~ /nf/61198/ES SR45.doc JUL 2 1 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 FORM ?23-40 4/91 Page I of I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PRE-CONSTRUCTION AND DESIGN COUNTY RESOLUTION HIGHWAY LIGHTING AGREEMENT COUNTY SECTION UTILITY JOB NO. SR COUNTY NAME PARCEL 8: RdW JOB NO. 03 010 3568 45 COLLIER I & N'A A RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT. RELOCATION AND/OR INSTALLATION OF LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED. AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. ON MOTION OF Commissioner , seconded by Commissioner · the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation has located and proposes to cons~ct or reconsu'uct a part of the Highway Lighting System located on State Road 45. AND WHEREAS, the State of Florida Department of Transportation having requested the County of COLLIER, Florida to execute and deliver to the State of Florida Department of Transportation a Joint &~3' N~ A ZT£n J U L' 2 i) 1998 I 2 3 4 5 6 7 $ 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Project Agreement for Highway Lighting, providing for joint responsibilities of the Department and the County. and said request having been duly considered. NOW THEREFORE. BE IT RESOLVED by the Board of County Commissioners of the Count' of Collier. Florida. that the Chairman and Clerk of the Board of Count)' Commissioners be and are hereby authorized to make. execute and deliver to the State of Florida Department of Transportation a Highway Lighting Agreement for the adjusunent, relocation and/or installation ora certain lighting system within the Right-of-Way limits of said State Road 45. Section 03010: BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee. Florida. INTRODUCED AND PASSED by the Board of County Commissioners of Collier Count)', Florida in regular session, this day of .199 BARBARA B. BERRY CHAIRMAN OF rilE BOARD OF COUNTY COMMISSIONERS ATTEST: CLERK OF THE BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY AI'rORNEY COUNTY SECTION UTI].YI'Y JOB NO. SR COUNTY PARCEL & R/W JOB# 03 010 3568 ,{5 COLL[t~ 1 N/A THIS AGI~i:~MENT, made and entered into this _ day of ,199., by and between the STATE OF FLOR~A DEPARTMENT OF TRANSPORTATION, hereinafter referred to as thc DEPARTMENT, and Collier County, a poetical subdivision of the Stat= of Florida, acting by and through its Board of County Cou~ssioners, hereinafter called thc COUNTY. WHEREAS, the COUNTY by Resolution adopted on , has requested thc DEPARTMEHT to purchase and install a Highway Lighting System on that portion of State Road No. 45 described as Gulf Park Drive to AND WHEREAS, ~c DEPARTMENT is comtructing, reconsu'ucting or otherwise changing a portion of the lighting system designated by the DEPARTMENT as lob No. 03010-3568, Road No. 45 from Gulf Park Drive to CR846, which shall call for the adjustment, relocation and/or installation of Highway Lighting facilities along said highway, AND WHEREAS, the DEPARTMENT and the COUNTY have de. mu~iued thai it would be to the best iat=ust of the guneral public and to the economic advantage of both panics to enter imu a IOINT PROJECT providing for such work, NOW,'I]iEREFORF~ the premises considerud, and in conside~atiou of the sum of One Dollar each to the o~er in hand paid, the ruceipt whereof is hereby acknowledged, and in further cousideration of the mutual cow. nants hereinafter contained, it is agrued by the parties as follows; I. The DEPARTMENT agxzes to prepare pl~ns and specifications for the work involved, and advertise for bids for the equipment and materials. The decision as to the type and r~l~ of equipment purchased w~l be the DEPARTMENT'S sole responsibility. 2. All of the work on the lighting system is to be done a~cording to the plans and specifi~o~ of the DEPARTMENT which plans and specifications are, by mfe~red hereto, made a part bc~of. The DEPARTMENT will be responsible for performing the completed installation. 3. The DEPARTMENT will provide necessary engineering supervision to assure construction is in compliance with the plans and specifications herein,above referred to, and will perform the Final inspection of the completed project. 4. The COUNTY agrees that the equipment of the lighting sTs~em shall remain the property of the DEPARTIVfENT, and it is hereby understood and agr~d that the COUNTY shall not, under any condition, remove the equipment which is the subject matter of this Agreen:~-nt for any reason without permission and wriuen consent of the DEPARTMENT. :5. The COUNTY further agrees upon completion of th~ installation, to assun~: sole r~spousibility for the rnaintn~ance of said lighting system in accordance with the DEPARTMENTS policies ~ "Standard Specifications for Highway Lighting.' 6. The COUNTY further agrees to be responsible for thc payment of all cost for electrical power and/or other electric:d charges incu.rr~ in connection with the oper~on of tl~ completed lighting syster~ 7. Thc COUNTY he.by agrees to indemnify, defend, save, and hold harrniess the DEPARTNiENT from all clah~s, demands, liabilities, and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreen~'n! by the COUNTY, its agents or employees, or due lo any act or occurrence of omission or couut~sion of the COUNTY, its agents or employee~. It is specifically understood and agreed that this indemnification agreement doe~ not cover or indemnify the DEPARTMENT for its own negligcnc~ or breach of contract. 8. All services and work under the construction contract shall be perform~ to the satisfaction of the DEPARTMENTS Dkector of Conslruedon, and he shah decide all qucstious, difficulties and disputes of whatever nature, which may arise under or by re~son of such contract for highway lighting; the prosecution and fulfillment of sec'ices thentunder, and the charactex, quality, amount, and vaiu¢ thereof; and his decision upon all claims, questions, and diqxttes thereunder shail be t=mal and conclusive upon the pa~es hereto. IN WITN~S ~OF, the parties hereto have ~._~ed these presents to be executed by their duly authorized officers, and their official seals hi. to aft'LXed, the day and ycar first above written. STATE OF FLORIDA DEPARTIvfEHT OF TRANSPORTATION BY: (SEAL) Director of Production ATTEST: Executive S~"n:ta~ CO!] ~ COUNTY, FLORIDA BY: (SEAL) ('~t]¢: I~i~r'bara B. ,,.Berryt Chairman of fhe Board of County Commissioners) STATE OF FLORIDA DEPAR~ OF TRANSPORTATION BY: Approved as to fo~m and legal sufficiency: Collier County, Florida DAVID C. WEIGEL, ~ County Attorney ,o. re)c,) JUL 2 8 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD IN THE MARCO WATER AND SEWER DISTRICT FUND AND REDEEM THE 1981 MARCO ISLAND WATER AND SEWER DISTRICT REVENUE BONDS. OBJECTIVE: That the Board of County Commissioners, the Ex-Officio Governing Board of the Marco Water and Sewer District, approve a budget amendment to recognize $311,000 in Carry. Forward and budget $177,948 to redeem all the outstanding bonds associated with the 1981 Marco Island Water and Sewer District Revenue Bond with an original bond amount of $1,960,000. CONSIDERATIONS: In 1980 and 1981 the Board approved Resolution No. MWS 80-3 and MWS 81-3 for the sale of' bonds in the amount of $1,960,000 to fund the construction of the Marco Water and Sewer District system. This bond issue is secured by a special assessment levied against the benefited property owners in the district and the wastewater system net operating revenues. Prepayments of the special assessment in the amount of $135,545 have been accumulated in the Marco Water and Sewer District fund. Prudent financial management dictates that the accm,~ulated prepayments be used for an early call on the bonds. However, doing only the early call will leave an outstanding bond balance of $42,403. The bond convenants require that a renewal and replacement (R&R) and bond payment reserve be maintained in the amount of $117,021. To make the reserve funds available for much needed system maintenance, staff recommends that the entire outstanding bond balance of$177,948 be retired at this time. Audited Carry Forward has been calculated at $527,500, $ 311,000 above what had been budgeted. The $311,000 is primarily comprised of early payoffq on the bond related special assessment, operating revenues and interest earnings above what was anticipated, and operating costs less than originally planned. Funds to payoffthe bonds will be provided from the additional Carry Forward. FISCAL IMPACT: Recognize Carry Forwm'd in the amount of $311,000, redeem all the outstanding bonds for $177,948 and the balance, $133,053, will be added to Reserves. 431-919010-489200 Carry Forward $ 311,000 431-939030-871110 Principal - Bonds 431-919010-993000 Reserve for Capital Outlay Total Expenses $ 177,948 $ .133,052 $ 311,000 In preparing next year's budget (98/99), the redemption of bonds was forecasted along with a $200,000 system renewal and replacement project. Exectitive Summary - Fund 431 Page 2 GROWTH MANAGEMENt.: None. RECOMMENDATION: The Board of County Commissioners, the Ex-Officio Governing Board of the Marco Water and Sewer District, approve a budget amendment to recognize Carry Forward and to redeem all the outstanding 1981 Marco Island Water and Sewer District Revenue Bonds. © ublic Works Senior Accountant ~~ N. ~, Pu~Wor~ O~mtions Director Renewed by imtor · G~ lTt~ JUL 2 8 19~8 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT CORRECTING APPROPRIATION DOLLARS IN FUND 102 - MSTD ROAD DISTRICT 1. OF ~]~_C_.T.I_~: To obtain approval of a budget amendment to move funds that were not assigned to the correct cost center of Fund 102. CONSIDERATIONS: During budget review for the FY 1997-98, the Board approved $128,000 each in Fund 102 and Fund 103 fox highway lighting upgrades and design work associated with the FDOT widening of US 41 from Davis Boulevard to Airport Road. It was recently discovered that the $128,000 appropriation for Fund 102 was inadvertently put into Cost Center 163646 of the fund instead in Cost Center 163641. This has created a shortfall in available funds for purchase of materials in Cost Center 163641 of Fund 102. FISCAL IMPACT: Funds in the amount of $128,000 were placed in Cost Center 163646, Object Code 763100, in MSTD Road District 1 Fund (102). The $128,000 should have been appropriated to Cost Center 163641 in MSTD Road District 1 Fund (102), Object Code 763100. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment transferring funds in the amount of $128,000 from Cost Center 163646 to Cost Center163641, both in Fund 102 - MS'I'D Road District 1, per the approved budget for Fiscal Year 1997-98. PREPARED BY:~.m ~.~n~~ DATE: 7/6/98 vmw D sv:. _ . D^TE: Edw~~ rtation Services Di re ct or Ed Ilschner, Public Works Administrator mI~}7069~/ES BA 102 CC Tr~n~f~.do~ #0 JUL 2 1598 EXECUTIVE SUMMARY APPROVE FINAL RANKING OF CONSULTANTS AND PROFESSIONAL SERVICES AGREEMENT WITH GREELEY AND HANSEN FOR DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN ON IMMOKALEE ROAD, RFP #98-2790, PROJECT NO. 73943. .OBJE__CTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve final ranking of Consultants as recommended by the Consultant Selection Committee and approve a negotiated Professional Services Agreement with the number one ranked firm, Greeley and Hansen, to perform professional engineering design and construction services pursuant to RFP #98-2790. CONSIDERATIONS: On March 12, 1998, invitations for proposal were distributed by the Purchasing Department to one hundred and fifty-three (153) engineering firms. Nine (9) firms returned proposals on or before the established deadline of April 24, 1998. The Consultant Selection Committee ranked the top three respondents as follows: 1. Greeley and Hansen. 2. Camp Dresser and McKee, Inc. 3. McKim and Creed, Inc. Staff has negotiated a scope of work and fees with the number one ranked consultant, Greeley and Hansen. The scope of work consists of gathering of design data, developing design alternatives, identifying and evaluating alternative pipe materials, evaluating alternative methods of construction, evaluating, costs of design alternatives, review of permitting and regulatory requirements, presentation of recommendations in preliminary design engineering report for approval, present the recommended design in final engineering report, preparing final design and construction bid documents, providing construction bid services, evaluating bids and making recommendations for construction award, and providing construction management and inspection services. Additional services include that for permitting, surveying, and soils investigation. Total estimated fees to provide these services are 5168,541.00. Signed agreements will be forwarded for the Chairman's signature. County Attorney approval of the agreement has been obtained. ~o. ~ J U L 2 8 Executive Summary Award Professional Engineering Services Contract for 30" Sewer Force Main Page 2 FISCAL IMPACT: The necessary funds in the amount of $168,541.00 are available in: Fund: 413 Cost Center: 263611 Project No.: 73943 Sewer System Development Fee. Wastewater Capital. 30-inch Immokalee Road Sewer Force Main. GROWTH MANAGEMENT IMPACT: This project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve the final consultant ranking as recommended by the Consultant Selection Committee, approve the Professional Services Agreement with Greeley and Hansen in the amount of $168,541.00 to provide professional engineering services related to the Design and Implementation of the 30-inch Immokalee Road Sewer Force Main. PREPARED BY: ~' /~"~'''-'- DATE: Mohan V. Thampi, P.E., Project Manager Office of Capital Projects Management Richard Hellriegel, P.E., Interim Director Office of Capital Projects Management Tim Clemons~/astewater Director Public Works Division DATE: JUL 2 8 1558 ~.. ,,~ Executive Summary Award Professional Engineering Services Contract for 30" Sewer Force Main Page 3 APPROVED BY: 1 c~ Steve C~rnell, Director Purchasing Department REVIEWED Ed Ilschner, Adm]mstrator Public Works Division Attachments: Professional Services Agreement (7 originals for Chairman's signature). MVT:mvt A ~A T J U L 2 8 "DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this . day of , 1998, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Greeley and Hansen, an Illinois padnership, authorized to do business in the State of Florida, whose business address is 13180 North Cleveland Avenue, Suite 232, North Fort Myers, FL 33903. (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professiona! engineering services of the CONSULTANT concerning cedain design services for "Design and Implementation of 30" Parallel Sewer Force Main" (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the herein, the parties hereto agree as follows: GHPSA-1 mutual covenants and provisions contained J U L 2 8 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Adicle Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other go. vernmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to GHPSA-2 JUL 2 8 Proceed.issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the NER a written statement, executed by the proper officers of the CONSULTANT, (nowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out ~)f or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom Ihe oWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to Consultant. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be i:~erformed and pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall' be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. GHPSA-3 JUL 2 8 IS, 8 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-]~ublic information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said cedifications shall be in a form approved by the OWNER. 1.10. Consultant asserts to Owner that all evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or eva=luation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors nor for the safety precautions and programs incident to the work of contractors. GHPSA-4 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER,. CONSULTANT shall fumish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted by O~VNER studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other'causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless the specific obligations regarding the specific permit are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. GHPSA-$ JUL 2 8 13B8 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for o constrtJction, materials, equipment or services, except as olherwise expressly provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and 'engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). GP.P$^-6 JUL 2 8 lS98 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in ~ccordance with generally accepted professional engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and requirements, flexibility and whatever: (a) constraints, space, capacity and performance expandability, and any budgetary limitations; GHPSA.7 JUL 2 8 1~. R3 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pedinent to the Project, including existing drawings, specifications, shop drawings, produ~;t literature, previous repods and any other data relative to design or construction of the Project. (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights j'equired for the Project and for the costs the"eof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. GHPSA-8 ~~ PG._ II 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compe, nsation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early compleiion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the' CONSULTANT, the services to be provided hereunder by Consultant have not been completed within twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect. the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period plus all time extensions granted by Owner to Consultant. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. GHPSA-9 JUl 2 8 1595 ARTICLE FIVE COMPENSATION 5.1. Comp. ensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, brought by any third party agaiqst Consultant, including loss or damage from the claims, including attorneys fees incurred by CONSULTANT which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by Owner through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULT/,NT for a minimum of five (5) years from (a) the date of termination of Agreement or (b) the date the Project is completed, whichever is later. GItPSA-IO OWN R.0.oe' .... i J JUL 2 ii i authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, paid by Owner, the sufficiency and receipt of which is acknowledged through the signing of this Agreement, shall protect, defend, indemnify and hold OWNER 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 arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or a, nyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown' in this Agreement or the CONSULTANT'S limit of, or lack of, insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any constrbction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. GHPSA- I 1 JUL 2 $ ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by cONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. GHPSA- 12 ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as fudher set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER other,vise was' not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER st'all be the same as and be limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against GHPSA-13 JUL 2 8 p~. lb OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. Consultant must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Paragraph 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentsge, gift or any other consideration contingent upon or resulting from the award or making of th:s Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall b adjusted to exclude any significant sums by which the OWNER determines the 4~9~,~r~;, ~-~;,; GHPSA-14 [ JUL 2 8 =~ was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this reement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it.. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be ,n writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, FI. 34112 Attention: Mohan Thampi, P.E, GHPSA-15 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Greeley and Hansen 13180 North Cleveland Avenue Suite 232 North Ft. Myers, FL 33903 16.3. Either party may change its address of record by wdtten notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS .. 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. GHPSA-16 17.5. The headings of the Articles, Schedules, Pads and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or .e the provisions in such Adicles, Schedules, Pads and Attachments. 17.6. This Agreement, initially consisting of 48 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. GHPSA-I? ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and 'regulations of the United States as made applicable to providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for "Design and Implementation of 30" Parallel Sewer Force Main" the day and year first written above. ATTEST: Dwight.E. Brock, Clerk By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Date: By: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: Assistant County Atto ne~ Witness Witness Pc.C.-. GREELEY AND HANSEN By: ry . 'al~h, '.E., Padner GHPSA-I 8 (CORPORATE SEAL) JUL 2 8 P~. ,,~1 SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Pads: A.1. DESCRIPTION OF PROJECT A.2. DESIGN REPORT A.3. PRELIMINARY DESIGN A.4. FINAL DESIGN A.5o Ao6o CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION A,7. DETAILED OBSERVATION OF CONSTRUCTION GHPSA-19 A. 1. DESCRIPTION OF PROJECT. A. 1.1. Project Description - Project includes design and engineering services during construction fo~' approximately 6,500 linear feet of 30-inch diameter sanitary sewer force main. The proposed sewer force main will be installed generally parallel to the existing sanitary sewer force main from east of U.S. 41 along immokalee Road to the headworks of the North County Regional Wastewater Treatment Facility. A.2. DESIGN REPORT. A.2.1. Gather and Review Data - Gather and review available basic data, including existing and proposed utility plans, right-of-way, property line and easement information, existing adjacent structure plans, existing geotechnical and survey information, FDOT construction plans and schedule for U.S. 41 widening, OWNER construction plans and schedule for Goodlette-Frank Road widening and other data relating to the project. A.2.2. Prepare Report - Prepare a Design Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (incl'uding applicable requirements of all governmental authorities having jurisdiction over the project), and alternative designs available to OWNER and setting forth CONSULTANT's findings and recommendations. The Design Report also shall contain CONSULTANT's professional evaluation of OWNER's Project budget. Said evaluation shall contain CONSULTANT'S initial professional opinions of probable total costs for the Project, including construction costs, contingencies, and allowances for charges of all professionals and consultants. The Design Report also shall present CONSULTANT's recommendations as to how the construction contract(s) should be let out for bid. Tasks include the following: GHPSA-2,) a) Identify and evaluate alternate pipe materials and pipe beddings for the force main, including recommended protection measures, joint types, anticipated pipelaying production rates, cost and other factors. Recommend pipe materials and pipe beddings. b) Identify and evaluate alternative methods for force main construction and roadway and waterway crossing construction. Prepare recommendations for type of force main construction and type of construction at each crossing. Alternatives for force main construction will include open cut and up to two types of trenchless construction. Alternatives for roadway crossings will include up to three types of trenchless con- struction. Alternatives for waterway crossings will include aerial and up to two types of trenchless construction. c) Develop recommended pipeline alignment and locations for connections to existing pipelines· d) Prepare recommendations with regard to construction of portions of the project under the FDOT U.S. 41 road widening project or the OWNER's Goodlette-Frank Road widening project and prepare project construction schedule. e) Contact the FDOT, South Florida Water Management District, CpIlier County Transportation Department, Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers to identify specific permit requirements. f) Identify additional geotechnical and soil corrosion data necessary for the design. g) Develop criteria for pipe dead and live loading, thrust restraint and corrosion protection. h) Prepare preliminary opinion of cost. A.2.3. Report Presentation - Furnish five (5) copies of the Design Report, schedule and conduct a meeting with OWNER to present the Design Report for OWNER's review and approval. Tasks include: GHPSA-21 a) Submit five copies of draft Design Report, including summary of design criteria for the project, preliminary design, permit requirements and preliminary opinicn of cost. b) Present summary of Design Report to OWNER. Incorporate OWNER comments and prepare final Design Report. A.3. PRELIMINARY DESIGN. A.3.1. Prepare Contract Documents Prepare in a format acceptable to OWNER, all preliminary Contract Documents, including but not limited to all designs, drawings, special conditions, general conditions, supplemental conditions, specifications and bid and Agreement forms, necessary for construction of the Project. Tasks include: a) Preliminary design includes a 60 percent design of a new parallel 30-inch diameter sanitary force main along Immokalee Road from west of U.S. 41 to the headworks at the North County Regional Wastewater Treatment Facility. b) Prepare plan and profile sheets for the proposed force main at a scale of 1" = 40' horizontal and 1" = 4' vertical. Prepare plan details, including pipe bedding, thrust restraint, corrosion protection, valves, air release, blow-offs and other necessary details for design. Use applicable OWNER standard details. c) Prepare technical specifications for construction of proposed force main. Non- technical specification documents shall be provided to CONSULTANT and edited as necessary by OWNER for conformance with the technical specifications. A.3.2. Project Status Monitoring - Submit bi-weekly project status reports to OWNER and meet monthly to discuss project status at OWNER's office. A.3.3. completion of Preliminary Design (60 percent compete stage). Submit Preliminary Contract Documents Prepare OWNER review submittal at Submit five copies of preliminaryO GHPSA-22 I10 o?L~..~ JUL 2 contract documents and opinion of probable construction cost. incorporate review comments. Meet with OWNER's staff and A.4. FINAL DESIGN. A.4.1, Prepare Final Contract Documents - Provide OWNER with proposed final construction drawings incorporating OWNER review comments and detailed opinions of probable total Project construction costs in writing for OWNER's review, prior to completion of the final Contract Documents, so that any changes that may be necessary in accordance with Project's budgetary schedule can be made prior to bid. A.4.2. Prepare Final Opinion of Construction Cost - Upon OWNER's approval of detailed opinions of probable total Project and construction costs, provide to OWNER, for its review and approval, five (5) copies of final Contract Documents. A.5. CONSTRUCTION BID SERVICES. A.5.1. Bidding Assistance - CONSULTANT shall assist in securing bids as follows: (a) provide interpretation and 'clarification of Contract Documents bidding; (b) coordinate bid process with Collier County Purchasing including advertisements, publications, Contract Document receipt of bids; (c) (d) (e) during Department sales and distribute Contract Documents during bidding phase to prospective bidders; maintain record of prospective bidders to whom bidding documents have been distributed; organize and conduct pre-bid meeting with prospective bidders; GHPSA-23 JUL 2 (0 (g) (h) (i) (J) (k) attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; assist OWNER in evaluating bidder's previous experience, if necessary; prepare and issue addenda as appropriate to interpret or clarify Contract Documents; provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents; provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, make a recommendation of contract award. A.6. CONSTRUCTION CONTRACT ADMINISTRATION. A.6.1. Consult with OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and. monthly coordination meeting with OWNER and contractor. A.6.2. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.6.3. Recommend to OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspectiorO avoid irreparable damage to the work, or avoid subsequent rejection of workw~l~c~-- ' ~,,~,-r~,..~,.,,..' '--' '-"' -, GHPSA-24 ! JUL 2 8 readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with requirements of the Contract Documents. A.6.4. Require that any work which is covered up without being properly observed be uncovered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.6.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.6.6. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status 'including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract Documents, and weather conditions. A.6.7. Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.6.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute representation by CONSULTANT to OWNER, based on observations and evaluations, that: (a) (b) (c) the work has progressed to the point indicated; the work is in substantial accordance with the Contract Documents; and the contractor(s) is (are) entitled to payment in the recommended amount. a A.6.9. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and cedificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.6.10. Support the OWNER'S efforts to negotiate with the contracto,'(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, matedal specificati.ons, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under OWNER's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pgrtaining to a prospective change order. A.6.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of Project where the Project can be utilized for the purposes for which it was intended, and where GHPSA-26 ' ' JUL 2 8 minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.6.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.6.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.6.14:'Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.7. DETAILED OBSERVATION OF CONSTRUCTION. A.7.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER not to exceed 544 hours. A.7.2. During detailed observation of construction CONSULTANT shall act to protect OWNER's interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, process and submit same together with corresponding negatives on a continuous basis to OWNER; such photographs to be ~ ,0. /& o.?$^-:z? J JUL 2 8 J ~- ~ (b) (c) (d) identified as to date, time, location, direction and photographer, with subsequent notations on drawings; maintain appropriate field notes from which record drawings can be generated; maintain appropriate field records to document any and all disputes or claims, whether actual or potential with respect to construction of the Project; and observe operation or performance testing and report findings to OWNER and contractor. A.8. ADDITIONAL SERVICES A.8.1. Permits - Allowance to prepare required construction permit applications for submittal by OWNER. Permit applications will include the FDOT Utility Permit, FDEP General Use Permit, OWNEI~ Right-of-Way permit and the Noticed General Permit for submittal to the FDEP, U.S. Army Corps of Engineers and South Florida Water Management District. Permit application fees will be paid by OWNER. A.8.2. Surveying - Allowance for preparation of topographic survey along the proposed force main alignment corridor. Survey will be prepared in electronic format using AutoCAD. Survey alignment corridor will include one-half of the right-of-way width of Immokalee Road and Goodlette-Frank Road, except at roadway crossings. Survey will include establishment of horizontal and vertical control consistent with OWNER utility mapping, cross sections at 100-foot intervals within the survey alignment corridor, locations of existing structures, poles, pavement, valves, fire hydrants, existing utilities, fences, trees and other features within the alignment corridor and an allowance for locating existing underground utilities excavated by the utility owners. They survey does not include excavations to locate existing utilities. GHPSA-2$ A.8.3. Subsurface Investigation - Allowance for subsurface soils investigations, including a · minimum of two soil borings at each roadway and waterway crossing. Soil borings will also be ~ken at selected locations along the proposed force main alignment with a total number of borings not to exceed 16. The subsurface investigations will also include a report with recommendations for construction of the force main. END OF SCHEDULE A GHPSA-29 JUL 2 8 lsd,2 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A, oWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A shall be paid on a lump sum basis in accordance with set milestones as follows: (a) the A.2 milestone shall be the submittal to OWNER of the Design Report and CONSULTANT'S initial professional opinions of probable total Project (b) (c) (d) (e) and construction costs. the A.3 milestone shall be the submittal to oWNER of the preliminary Contract Documents and CONSULTANT'S preliminary opinions of probable total Project and construction costs. the A.4 milestone shall be the submittal to the OWNER of the final Contract ~ Documents after OWNER'S approval of detailed opinions of probable total Project and construction costs. the A.5 milestone shall be the award of bids by OWNER. the A.6 milestone shall be the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents. B.1,3. Payment for Basic Services under Parts A.3, A.4 and A.6 of Schedule A shall be paid on a lump sum fee basis in equal monthly installments as follows: (a) payment for Basic Services under Part A.3 shall be paid monthly based upon the preliminary design time plus one month, the last payment to be twice the others (i.e., a 6-month design time will yield 6 monthly payments; the first5 of which will be equal to one-seventh t~,,,,,,~, [~.o. x~/,.'~'tSir~ oHes^.3o JUL 2 8 E2;3 (b) (c) Attachment A for Part A.3. Preliminary Design). However, payments shall commence no sooner than thirty (30) days after submittal of the Design Report and shall occur no more often than monthly, except last payment due for the services provided under Part A.3 (i.e. twice the previous monthly payments) shall not be made until submittal to OWNER of the preliminary Contract Documents under Part A.3. payment for Basic Services under Part A.4 shall be paid monthly based upon the final design time plus one month, the last payment to be twice the others (i.e., a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.4. Final Design). However, payments shall commence no sooner than thirty (30) days after approval and acceptance by OWNER of the Preliminary Contract Documents and shall occur no more often than monthly, except last payment due for the services provided under Part A.4. (i.e., twice the previous monthly payments) shall not be made until approval and acceptance by OWNER of the preliminary Contract Documents under Part A.4. payment for Basic Services under Part A.6 shall be paid on a monthly basis based upon the construction time plus three months, the-last payment to be twice the others (i.e. a 7-month construction schedule will yield 10 monthly payments; the first 9 of which will be equal to one-eleventh (1/11) the fee shown on Attachment A for Part A.6 Construction Contract Administration). However, payment shall commence no sooner than thirty (30) days after the Notice to Proceed to the contractor and shall occur no more often than monthly, except the last payment due for the services provided under Part A.6 (i.e. twice the previous monthly payments) shall not be made until the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents under Part A.6. Services in excess of the fee~,u~,~ Attachment A for Part A.6 Construction Contract Administration not due to delay caused by CONSULTANT shall be considered Additional Services. B.2.1. As consideration for providing Basic Services under Part A.7 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for Part A.7 services and properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with either Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement or A~,achment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.7 or Additional Services, under Part A.8 in the interest of the Project, listed in the following sub-paragraphs: (a) (b) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Parts A.2, A.3, A.4, A.5 and A.6 of Basic Services; JUL 2 8 (c) (d) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of ovedime work requiring higher than regular rates; and expenses for renderings, mod61s and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) (b) (c) (d) expenses for transportation and subsistence; overhead, including field office facilities; overtime not authorized by OWNER; or expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the sc~pe of the project being approved by the Board of County Commissioners for Collier County Florida and ex-officio as the governing board of the Collier County Water-Sewer District. B.3.2. Detailed Construction Observation work performed under Part A.7. and Additional Services, under Part A.8, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. GHPSA-33 JUL 2 8 B13.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.7 and Additional Services, under Part A.8. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set fodh in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A. END OF SCHEDULE B GHPSA-34 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Greeley and Hansen TASK A.2 A.3 A.4 A.5 A.6 DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION TOTAL TASKS A.2 - A.6 FEE $23,948.00 $33,266.00 $13,020.00 $ 6,876.00 $96,464.00 GHPSA-35 SCHEDULE B -ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Greeley and Hansen EMPLOYEE _CLASSIFICATION HOURLY BILLING RAT~ Partner Project Manager Senior Engineer Engineering Technician CADD Drafter Construction Manager Construction Observer Clerical 160.00 124.44 88.39 64.36 54.17 128.04 66.00 50.33 GH?SA-36 TASK A.7 SCHEDULE B - ATTACHMENT C CONSULTANTS ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Greeley and Hansen DETAILED OBSERVATION OF CONSTRUCTION FEE. $37,435.00 A.8 ADDITIONAL SERVICES A. PERMITS B. SURVEY C. SOILS INVESTIGATION TOTAL TASKS A.7 AND A.8 $ 5,210.00 $20,910.00 $72,077.00 GHPSA-37 SCHEDULE C PROJECT SCHEDULE Greeley and Hansen A.2 A.3 A.4 A.5 A.6 A.7 TIME FOR DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION DETAILED OBSERVATION OF CONSTRUCTION CUMULATIVE TIME FOR COMPLETION 8 weeks 8 weeks 8 weeks 16 weeks 8 weeks 24 weeks 6 weeks 30 weeks 26 weeks 26 weeks 56 weeks Notes: Times for completion are from the Notice to Proceed date. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the actual completion of construction date. Estimates of engineering time and costs for these services 'are based on an estimated 6-month construction schedule. GHPSA-38 JUL 2 8 '~D IERAGE coverage shall conform to the following vices Office (ISO) forms and endorsements shall be written for not less than the limits ter. erruption from the date of commencement tance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall I~e filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Cont:actorlConsultantJProfessional shall be primary to any insurance or self insurance program carriecJ by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. GHPSA-39 JUL Pr,. (7.) ContractoflConsultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in ~vriting by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required bythis Agreement? (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ContractodConsultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: GHPSA~O JUL PG., a, Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (,check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X S1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) .___-. Applicable Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the .completion of the work. (check one) _ Applicable ~X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) __X ... Yes No GHPSA..4 t (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage S300,000 S300,000 S300,000 S300,000 S 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $5O0,000 $500,00O $500,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage S1,000,000 Sl,O0O,0O0 $1,000,000 $1,000,000 S 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'q'his endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." GHI'SA-42 (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Repodin{l Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) claims. Coverage shall be included for explosion, collapse or underground property damage (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) _ Applicable Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the 'r~ompletion of the work under this Agreement. (check one) X Not Applicable _Applicable ~ PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried applicable. (check one) by the Owner if .. Applicable Not Applicable GHPSA-43 .... ~ I lll I II I -- 1 (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, properly insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by .',he Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of Sl,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. GHPSA-44 JUL 2 8 E;2 . ~;. ~47 t , ,l (5) This properly insurance shall cover podions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the l Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional. Professionars consultants, for damages caused by fire or other perils to the extent covered by properly insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy Flood Policy - $1,000 maximum deductible - Maximum deductible of $ GHPSA-45 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) ~X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) .. Bodily Injury & Property Damage - $ 500,000 X~ Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the I~ability insurance of t Contractor/Consultant/Professional and, if so, such policy shall b,e excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. GHPSA~6 PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X~ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (CHECK ONE) S 500,000 each claim and in the aggregate X~ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole respo, nsibility of the Consultant/Professional and shall not be greater than $250,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. GHPSA-47 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Greeley and Hansen hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional engineering services of the CONSULTANT to be provided under the Professional Servicgs Agreement, concerning "Design and Implementation of 30" Parallel Sewer Force Main" are accurate, complete and current as of the time of contracting. GREELEY AND HANSEN BY: Terry L. Walsh,('F~}.E., Partner DATE: Revised: JUNE 3, 1997 AC Revised March 1998 GHPSA-48 JUL Z 8:2-3, rm" 'rTFICATE F'OLICIKS I~KLOW ~:s~:~::a ~n~. c::.,~:~.. ~- COblPAN~S A~ORD~G Co~GE 7650 Sc~h Co~nr~ Linc Road ~[m~ ~ T~vclcm Cas. & Sur. Bu:r Ridge. iL ¢521 co~l~x B T~vckrs Cas. & Sur. ~ LE~R ~ C Tavcl:~ Cas. & Sur. COM P~ Mr. paul Haglunt LIaR n Tmvclc~ Cas. & Sur. l~ Sou~h WacLc: CO~te~ ~ CNA ~su~nc~ Company ~ OF L~SL~~%CE ~ ~L LI~BtLIT~ >~ :C~;69 [ ~ 7.01.'97 7;01193 ~ CO~IBI~D sLTOSlO~IL~ LI sSILITY PS101~L~9;S 7:01/97 7/0119S LI~IIT X ~LLO~D ~L~ ~1 ~CI~DCLED &LT~ BODILY Jg~D ~L~ fret ~dear) G ~RsG[ LIABILITY Ct p~3L~O;09T TIR TIL~% L~IB~L~ [O~t pJL'BI~L69t6 T,01 97 7;01;98 ID~ ,,oK~'CO'le~'s.'TlO' c ' -, "~ T.'01;O7 T/01.,98 A.N S.. 1 -- - 10.~.~ ~TI~S L~ ~TIO~S ~ [II1CLES SF[CI ~L ITEMS ~~ IMPL~ENTA~IOX OF 30' pA~&LLEL SEWER FORC~ MAIN ' BID NO: RFP~gS-27~ COLLIER COUNTY IS ADDITIONAL INSURED AS RESPECTS I~ FOLICY _,. C .A='~CELLAT I 0.~ SIIOL LD ~%Y OF TIlE ABOVE D~.SCRIBED POLICIES BE CA%CELLeD ~EFO~ K%rlR %TION D ~TK TII}.R[OF. TIlE I~SL lNG COMP%%Y ~% ILL KNDKAYOR TO ~1 ~IL ~ D.t~S I~Nl~E~ NOTICE TO TIlE CKRTIFIC~1E . LI:~. BL'T F&II.L'R[ TO MAIL SL'CII NOTICE ~11%LL IM~ COLLIER COL ~ ~ ~ ......... ,'mqe~Y ~TS ~CE~T~ BOARD OF COUNTY COMMISSIONERS t.t ~q~l~T~ ~ ...... (7/90) EXECUTIVE SUMMARY APPROVE WORK ORDER #CDM-FT-98-7 FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) ACCIDENTAL EMISSION RELEASE RISK MANAGEMENT PROGRAM PHASE 1 STUDY AT COUNTY WATER AND WASTEWATER TREATMENT FACILITIES, PROJECT NO. 70027. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Work Order #CDM-FT-98-7 to conduct the Phase I-Hazard Assessment and Alternative Analysis for County's Water and Wastewater Treatment Plants. CONSIDERATIONS: The Phase 1 Hazard Assessment and Alternative Analysis work is required and mandated by the U.S. Environmental Protection Agency (USEPA) as per Title III of the Clean Water Act to reduce the risks of accidental releases of regulated substances from water and wastewater treatment facilities which contain more than the threshold quantities of the regulated substances. The work is done in two phases. The first phase consists of a hazard assessment and alternative analysis. The second phase is the development of the risk management plan. The results of both phases must be registered with the USEPA by June, 1999. The cost of doing this proposed work order is $68,700. This work will be authorized as Work Order #CDM-FT-98-7 with Camp Dresser & McKee, Inc., copy attached. Both the Water and Wastewater Departments will share the costs of this study proportional to the number and quantity of regulated substances used at each facility. The Water Department's share is $61,400 and Wastewater Department's share is $7,300. FISCAL IMPACT'... No funds are currently budgeted by the Wastewater Department for this Accidental Release Prevention Program Phase 1 Study. A budget amendment is needed to transfer funds from Fund 414 Reserves for Wastewater Capital Outlay as follows: JUL 2 8 I g8 Executive Summary Accidental Release Prevention Program, Work Order #CDM-FT-98-7 Page 2 From: Fund: 414 Cost Center: 919010 Object Code: 993010 Wastewater Capital Reserves Reserves for Sewer Capital Outlay Amount: To: Amount: To' $7,300 Fund: 414 Cost Center: 263611 Object Code: 631400 Project No.: 70027 $500 Fund: 414 Cost Center: 273511 Object Code: 631551 Project No.' 70027 Wastewater Capital Combined Wastewater Capital Projects Engineering Fees (Clean Water Act Risk Study) Wastewater Capital Combined Wastewater Capital Projects Construction Management Fees (Clean Water Act Risk Study) No funds are currently budgeted by the Water Department for this Accidental Release Prevention Program Phase 1 Study. A budget amendment is needed to transfer funds from Fund 412 Reserves for Water Capital Outlay as follo~vs: From; Fund: 412 Cost Center: 919010 Object Code: 993020 Water Capital Reserves Reserves for Water Capital Outlay Amount: To: $61,400 Fund: 412 Cost Center: 273511 Object Code: 631400 Project No.: 70027 Water Capital Combined Water Capital Projects Engineering Fees (Clean Water Act Risk Study) Amount: To' $2,000 Fund: 412 Cost Center: 27351 ! Object Code: 631551 Project No.: 70027 Water Capital Combined Water Capital Projects Construction Management Fees (Clean Water Act Risk Study) GROWTH MANAGEMENT IMPACT;.. None. IL_ I I i IIII I IIII I i II iii I ill, Executive Summary Accidental Release Prevention Program, Work Order #CDM-FT-98-7 Page 3 RECOMMENDATIONS~ Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve Work Order #CDM-FT-98-7 and authorize the OCPM Director to execute the work order. PREPARED BY: REVIEWED BY: Mohan V. Thampi, P.E., Project Manager Office of Capital Projects Management Richard Hellriegel, P.E., Interim Director Office of Capital Projects Management DATE: ~/~/~ / REVIEWED Tim Clemo~'WTastewater Director Public Work~ REVIEWED BY~i~,~m ~ater Director Public Works Division DATE: DATE:/~//~ REVIEWED Public Works Division DATE: MVT:mvt Attachment JUL 2 8 1,e..c:3 CDM Camp Dresser & McKee Inc. 2503 Oei Prado Boulevard. Su,te 200 CalVe Coral. Florida 33904.5709 Tel:941 574-7100 Fax:941 574.7~74 May 8, 1998 '98 11 10 13 Mr. Mohan Thampi, P.E. Project Manager Office of Capital Projects Management Collier County 3301 East Tamiami Trail Naples, FL 34112 Subject: EPA Accidental Emission Release Risk Management Program Proposal for Professional Services CDM PN: 0000-RDMN'B-MW.RDMCC KEF: Fixed Term Service Contract 95-2422 Dear Mr. Thampi: This is in response to our previous meetings and discussions related to the EPA Accidental Emission Release Risk Management Program. Enclosed is our revised proposed scope of services to conduct the Phase I - Hazard Assessment and Alternative Analysis for Collier County's water and wastewater treatment plants. The Phase I - Hazard Assessment and Alternative Analysis includes services required to screen the treatment plants to establish the chemical and quantities contained on site, research existing plant operations and accidental release history and determine the applicable program level under which each treatment plant will be regulated. We expect that the wastewater treatment facilities which are switching to sodium hypochlorite for high level disinfection or will be taken out of service (Pelican Bay), will not qualify. For the water treatment facilities, which we expect will not be exempt from the program, air dispersion modeling and alternative analysis will be conducted to quantify offsite consequence in the impact area and provide alternatives to reduce the impact of an accidental release. We anticipate that Phase H of the accidental release prevention program, which requires the development ora risk management plan, will be required at the two water treatment facilities and should be conducted at the pump stations which also store chlorine. However, until we determine the applicable program for each plant and what is required for developing and complying with the risk management plan, estimating professional services costs is not possible. We will provide a separate scope of service for Phase II tasks as required. · CDM Ca, mpDre. er&McKeelnc. Mr. Mohan Thampi, P.E. May 8, 1998 Page 2 Do not hesitate to contact me if you have any questions or require additional information. The services described in Phase I Tasks I through 6 will be provided on a lump sum basis. A breakdown of the cost of services by task is provided on the attached tables. The total fee for water facilities is $61,400, and the total fee for wastewater facilities is $7,300. Schedule The services described in Phase I Tasks I through 6 will be provided within 6 months from notice to proceed. Yours very truly, CAMP DRESSER & McKEE INC. James L. Hagerty, P.E. RDNglmw Attachment cc: Ed Finn, Collier County Public Works Tim Ciemons, Collier County Public Works Karl Boyer, OCPM Richard Moore, CDM Marie Mahan, CDM JUl.. Accidental Release Prevention Program Scope of Services Phase I - Hazard Assessment and Alternatives Analysis This Phase includes initial screening of the facilities to establish the chemicals and quantities contained on site, research existing plant operations and maintenance information, determine the applicable program level under which each plant will be regulated, and conduct dispersion modeling to quantify off-site consequences and impact area. Exhibit A presents the facilities that will be reviewed as part ofthis scope of service. Task 1 - Site Visits and Existing Information Review The CONSULTANT shall conduct a site review of each facility to catalog chemical used and quantities stored and review existing information concerning 5-year accident history ofch. emical releases, and operations and maintenance information for the chemical systems. This information will be used to determine which chemicals are contained on site over the threshold quantities (TQ) established in the regulations and document the facilities' 5-year accident history. The CONSULTANT shall review existing operation and maintenance information for suitability in establishing operational guidelines, maintenance procedures and prevention programs, as required under the regulations. Task 2 - Conduct Air Dispersion Modeling The CONSULTANT shall conduct air dispersion modeling for two release scenarios: worst-case and most probable for each facility. Air dispersion modeling will be conducted using the Cameo/Aloha model system developed by the National Safety. Council. Task 3 - Establish Program Level Applicability Based on chemical data, 5-year accident history, air modeling and applicable regulations, the CONSULTANT will determine the specific program level by which each facility will be regulated or exempt from regulations. In addition, program applicability will also be evaluated for any proposed modifications of the treatment facility chemical systems within a fiye-year planning horizon. JUL 2 8 7¢~' Accidental Release Prevention Program Scope of Service-~ Task 4 - Review Active and Passive Mitigation Measures The CONSULTANT shall review active and passive mitigation measures for each facility which qualifies under the program regulations. The purpose of this review is to evaluate measures that would minimize worst-case chemical release scenarios. Review of mitigation measures will include modifications to existing equipment, enclosure of chemical storage tanks and active measures such as emergency air scrubbers, carbon absorption and catalytic reaction processes. A total of two alternate worst-case chemical release scenarios will be modeled. Task 5 - Alternatives Analysis A review of alternative chemicals or treatment processes to eliminate m~intaining threshold quantities of chlorine will be conducted. This review will be conducted in two steps, step I will include development of a matrix identifying alternate chemicals and processes that would replace or limit the use and storage of chemicals below threshold values. The matrix will rank the alternatives based on demonstrated use, costs, ease of operations, maintenance requirements and other engineering considerations. A meeting will be conducted v~4th county staff and two alternatives will be selected for a detailed engineering analysis. This analysis will establish preliminary construction costs, facility design criteria, and estimated annual operating costs. Task 6 - Interfm and Final Report and Project Meetings The CONSULTANT shall prepare an interim and final draft report summarizing the work conducted in Tasks I through 5. The CONSULTANT shall provide an interim report after completion of Task I and will outline requirements for each facility to comply with the requirements of the Accidental Release Prevention Program. Six copies of each draft report will be provided to the County. After receiving County comments on the interim and final draft reports, a final report will be prepared and eight copies provided. The CONSULTANT shall attend up to four (4) meetings to discuss the work conducted as part of'this project. J U L 2 8 Accidental Release Prevention Program Exhibit A Facilities Included in Scope of Services WATER TREATMENT CAPACITY North Regional Water Treatment Plant 12 mgd South Regional Water Treatment Plant 12 mgd Manatee Storage Tank and Pump Station Pump & Storage Tank Carica Storage Tank and Pump Station Pump & Storage Tank WASTEWATER TREATMEh'T North Regional Wastewater Treatment Facility g.5 mgd South Regional Wastewater Treatment Facility 8.0 mgd Pelican Bay Wastewater Treatment Facility !.0 mgd Table I Professional Service Proposal Accidental Release Prevention Program Task WATER WASTE WATER FACILITIES COSTS FACILITIES COSTS Task 1 - Plant Site Visit and Existing Information Review $11,400 $6,200 Task 2- Conduct Air Dispersion Modeling $21,000 Task 3 - Establish Program Level Applicability $3,000 Task 4 - Review Active and Passive : Mitigation Measures $12,000 Task 5 - Alternative Analysis $5,600 Task 6 - Interim and Final Report and Project Meetings $8,400 $1,100 TOTALS $61,400 $7,300 EXECUTIVE SUMMARY APPROVAL OF STAFF SELECTION OF PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES FIRMS AND AUTHORIZATION TO AWARD AGREEMENTS TO SAME FOR FIXED-TERM PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES (RFP #98-2777). ~al~,_T]-~: To establish agreements with several professional landscape architectural firms for annual contracts. CONSIDERATIONS: Annual contracts for a variety of professional services have been ~tilized as authorized by the Board of County Commissioners for the past several years. Staff recommends awarding fixed-term contracts for professional landscape architectural services firms for a two (2) year period in accordance with County Purchasing Policy. A staff Selection Committee was authorized to review, evaluate and rank proposals from landscape architecture firms, and to negotiate agreements with the top-ranked firms. RFP #98-2777 was issued, and the top-ranked firms are as follows: A. Gail Boorman Bomer Land Design McGee and Associates Wilson, Miller, Barton and Peek, Inc. It is the recommendation of the Selection Committee that contracts be entered into with the four top- ranked firms. Negotiations have been carried out with each firm. Work assignments under these agreements are by a Work Order and Purchase Order. Work Order requests by a County agency include a Scope of Work agreed to by the County and the professional firm. Assignments under $25,000 will follow Purchasing regulations being implemented with approval by the Department Director and an approved Purchase Order. Work Orders over the $25,000 threshold require BCC approval. FISCAL IMPACT: Funding for Landscape Architectural Services under these agreements shall be provided by each user Division, and contracted by a Work Order and Purchase Order funded by the using agency. GROWTH MANAGEMENT IMPACT: None J U L 2 8 1~I~8 Executive Summary Fixed-Term Landscape Architectural Services - RFP #98-2777 Page 2 I1ECOMMENDATION: That the Beard of County Commissioners approve the selection of · four landscape architectural firms, and authorize the Chairman to execute fixed-term agreements with these four firms alter review by the County Attorney. Russell' Muller, Engineer II P. EVIEWED BY:~ R.EV~WED BY: ' ~~ ~'Y _ . Ed Ilsc~, ] - - Public Works A~inis~ator DATE: DATE: DATE: 7-/9/ - ~°~:' JUL 2 B 1998 EXECUTIVE SUMMARY APPROVAL OF CONSENT AGREEMENT # 98-33 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a Consent Agreement with the South Florida Water Management District. CONSIDERATION: The Collier County Water-Sewer District owns, operates and maintains various water and wastewater facilities which are located in the Right of Way of the South Florida Water Management District. The South Florida Water Management District is currently in the third phase of the Cocohatchee Canal Improvement Plan. These improvements will include the widening of the Cocohatchee canal. The widening operations will impact a portion of the Collier County Water-Sewer District facilities that are located within the South Florida Water Management District's Right of Way. Consent Agreement #98-33 consists of the abandonment and relocation of five (5) existing Collier County Water-Sewer District monitoring wells that lie within the South Florida Water Management District's Right of Way. It allows the South Florida Water Management District's contractor to modify an existing, Collier County Water-Sewer District, sixteen inch (16") D.I.P. water main that lies within the South Florida Water Management District's Right of Way. The total cost to the Collier County Water-Sewer District is not to exceed $100,000. Consent Agreement #98-33 provides for a two (2) year Temporary Construction Easement that will be utilized by South Florida Water Management District's contractor during the third phase of the Cocohatchee Canal Improvement Plan. ARer staff review, it is recommended that Consent Agreement #98-33 with the South Florida Water Management District be approved. FISCAL IMPACT: Funds are not presently budgeted for the proposed project. Funds however are available in Sewer Capital Fund (414) reserves. Reserves, 414-919010-993010 will be reduced by $100,000.00 and put into a project budget for proper tracking. A new project number will need to be established. Executive Summary Approval of Consent Agreement 98-33. Page 2 GROWTH MANAGEMENT IMPACt,,.,: None RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Consent Agreement # 98-33 with the South Florida Water Management District, and approve the necessary budget amendment. SUBIVfflTED BY: Robert Casey, Reuse (2oordinator Date: '~//~/~ J" REVIEWED BY: ~ Date: Timothy L. Clemons, Wastewater Director ~ Ils~:hner,'lhxbqic Works A&ninistrator Date: Consent Agenda: 7/28/98 JUL 2 8 1998 R,,,,rh Florida Water Mana "e."nt District 3301 Gun Club Road, West Palm Beach, lqorida 33406 .'(561) 686-$800 FL?VATS 1-800-432-2045 TDD {561) 697-2574 .[. ,c.: ~...:: PRO COCO3 May 28, 1998 Mr. Bob Casey Collier County Wastewater Dept. 3301 East Tamiami Trail Naples, FL 34112 Dear Bob: SUBJECT: Cocohatchee Canal Widening Project Collier County Wastewater Dept. - Consent Agreement District Removal and Relocation of Monitoring Wells This letter will serve as a follow-up to our telephone conservation today regarding the above-referenced matter. I have spoken to the District's Project Manager, Bob Laurfi, and the Distdct has determined that, as a part of the Cocohatchee 3 widening project, the 'District's contractor shall be responsible for removal and relocation of the unpermitted monitoring wells referenced in Paragraph 31 of the Consent Agreement, at no cost to the County. This will confirm prior communications on the subject between the District and County. I also wanted you to be aware that Clarence Tears (Big Cypress Basin Director) spoke with Rhonda Schnell of the County Purchasing Department and resolved the issue such that approval by the County Commission shall simply be limited not to exceed $100,000.00. Please feel free to contact me directly at 561-682-6268 if you would like to further discuss this matter or if you feel any additional follow-up efforts are necessary relative to this matter. Sincerely, Juli R. Triola Senior Legal Research Assistant Office of Counsel VIA FACSIMILE Gewrning Boar,l' Frank W'dliamson, Jr.. Chairman Eugene IL Pettis. Wa Chairman ,%litchell W. Berg~ Vera *1. Carter W'dliam E. Graham W'tlllam Hammond Richard A. Machek Michael D. Minton ,Miriam Singer I JUL 2 8 1998 Samuel E. Pool¢ [II, Executive, Director JRT SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road West Palm Beach, FL 33416 SFWMD 98-33 CO-ROW CONSENT AGREEMENT~ Pursuant to Section 373.119, Florida Statutes, this Consent Agreement is entered into between the SOUTH FLORIDA WATER MANAGEMENT-DISTRICT (hereinafter · District') and COLLIER COUNTY WASTEWATER DEPARTMENT (hereinafter 'County") by mutual consent, without hearing or adiudication of any issue of fact or law, and without this Consent Agreement constituting admission of fact or law, unless otherwise stipulated . herein. The parties accept as allegations: 1. Premises_ premises for this Consent Agreement the following facts and The subject property is located within all or parts of Sections 19, 20 and 24, Township 48 South, Ranges 25 and 26 East, Collier County, Florida (see location map attached hereto as Exhibit 'A" and the documentation evidencing the District's ownership of the subject property attached as Exhibit 'B"), and the District's lands and works include the Cocohatchee Canal and associated structures'and rights of way. JUL 2 8 1998 Se 7 The Cocohatchee Canal Phase 3A is the third phase of a four phase improvement plan on the Cocohatchee Canal in Collier County, Florida. The Cocohatchee Canal, commonly known as the Immokalee Road Canal, drains an approximate 186 square mile area consisting of mixed development, agriculture, and natural areas. The objectives of this project are to raise the level of flood protection, increase water supply, and enhance the environment. The proposed improvements will reduce over-drainage of the upstream Corkscrew and Bird Rookeq/Swamps, increase ground water reserves, and provide greater flood protection. The components of this phase of the project include: 1)excavating and enlarging approximately 5.5 miles of canal; 2)constructing one new water control structure; 3)removing a wooden bridge, and replacing several undersized culverts and canal crossings. Ali improvements will be constructed within the South Flodda Water Management District Right of Way. Canal excavation is currently scheduled to commence June, 1998. The Parties acknowledge that delays in construction could occur. The Distdct shall notify the County of any significant construction delays, but any delays shall not impact or otherwise change any of the obligations of the Parties under the terms of this Consent Agreement. The County is a political subdivision of the State of Florida whose mailing address is 33011 East Tamiami Trail, Building "H", 3rd Floor, Naples, Flodda 34112. JUL 2 J 10. 11. 12. On September 13, 1990, the District issued Right of Way Occupancy Permit No. 9216 authorizing a 15" x 165' RCP through the north dght of way of the Cocohatchee Canal approximately 330' east of the centefline of Lakeland Avenue. A true and correct copy of the permit and drawings are attached as Exhibit 'C" and incorporated herein. On April 11, 1991, the District issued Right of Way Occupancy Permit No. 9361 authorizing a 24' water main, 20' effluent and 20' sewage force mains (all pile suppoded) crossing the Cocohatchee Canal located immediately ~vest of the LMngston Road bddge. A true and correct copy of the permit is attached as Exhibit · D" and incorporated herein. , On May 9, 1991, the District issued Right of Way Occupancy Permit No. 9368 authorizing the widening of existing County Road 846 (Naples-lmmokalee Highway), drainage facilities and the realignment of approximately 200' of the canal all within the south dght of way of the Cocohatchee Canal, beginning at the westedy limits and extending easterly approximately 12,440 linear feet. A true and correct copy of the permit is attached as Exhibit 'E" and incorporated herein. On August 15, 1991, the Distdct issued Right of Way Occupancy Permit No. 9441 authorizing two 20" pile supl:x~rted force mains and one effluent pile supported force main on the same carrier bridge crossing the Cocohatchee Canal located approximately one mile east of the Livingston Road Bridge. A true and correct copy of the permit is attached as Exhibit "F" and incorporated herein. On February 13, 1992, the Distdct issued Right of Way Occupancy Permit No, 9552 JUL 2 8 S98 13. 14. authorizing a 16" D.I.P. pile-supported water main crossing the Cocohatchee Canal located approximately 0.5 miles east of the centerline of Commercial Drive. A true and correct copy of the permit is attached as Exhibit 'G" and incorporated herein. On February 10, 1994, the District issued Right of Way Occupancy Permit No. 10045 to Quail West Limited. This permit authorizes a 12' buried force main and a 12' buried water main crossing within the east and west face of the culvert bridge at Norlhbrooke Drive. A true and correct copy of this permit is attached as Exhibit and incorporated herein. The District has completed a field inspection inventory of all' above-ground encroachments on the District's dght of way;, both those which have been permitted and those which are unpermitted. The inspection revealed that the Landowner has the following encroachments on the right of way: 24' 16' ENCROACHMENT 20' D.I.P. sanitary (Sta. 183+40) D.I.P. effluent (Sta. 183+40) 20' D.I.P. water (Sta. 183+40) 16' D.I.P. water (Sta. 319+40) two 20' force mains (Sta. 277+45) effluent main (Sta. 277+45) buried force main STATUS OF ENCROACHMENT Permitted Permitted Permitted Permitted Permitted Permitted 12' Permitted to Quail West Ltd. 12' buried water main Permitted to Quail West Ltd. 12' D.I. raw water main (Sta. 186+40) 5 monitoring wells (Nos. 13. 20.21.24. 25) ........... Unpermitted Unpermitted A true and correct copy of the field inspection is attached as Exhibit "1' and incorporate herein. 1~. Although the District needs to have all encroachments removed in order for the contractor to commence work, all of the items cited in paragraph 14, above, except for the monitoring wells, will not interfere with the District's contractor work and can remain. ~l~. The District needs to have the monitoring wells removed from the District's dght of way in order for the contractor to commence work. 17. The District has been in contact with the County in an effort to reach an agreement. 18. The District's Governing Board authorized the Executive Director, or his designee, to execute this Agreement. The memorandum setting forth this designation is attached as Exhibit 'J' and is incorporated herein. 19. Upon review, staff of the District find that the agreement, if implemented as described below, will satisfy their concerns without the necessity of further legal action. 20. In consideration of the premises recited above, the parties agree and it is hereby ORDERED: The County waives its dght to an administrative hearing on all of the terms of this Consent Agreement under Section 120.57, Flodda Statutes, its rights and any obligations of the Distdct under Section 120.60(7), Florida Statutes, its right to appeal this Consent Order pursuant to Section 120.68, Flodda Statutes, and any other legal dghts upon which to dispute the terms of this Consent Agreement or otherwise challenge continued construction of the Cocohatchee Canal improvement projects. ,o. !(., (O)f'l) JUL 2 8 1598 PG. ~ 21. 23. 24. 25. 26. 28 The County shall take full responsibility for complete compliance with this Consent Agreement by the date(s) stipulated herein. No modification of the terms of this Consent Agreement shall be effective until reduced to writing and executed by both the County and the District. Both the Distdct and the County understand that time is of the essence with regard to this Consent Agreement, and that absolutely no extensions of time to completely comply with all of the terms of this Consent Agreement will be allowed for any reason. The District and the County agree that this Consent Agreement will constitute final disposition of the issues between the parties. The District hereby expressly reserves the dght to initiate appropriate legal action to prevent or prohibit future violations of applicable statutes or the rules promulgated thereunder not covered by the terms of this Consent Agreement. Neither the District nor the District's contractor have any obligation to replace any encroachments either permitted or unperrnitted encroachments placed on the District's right of way except as provided in paragraph 27, below The District's contractor shall modify the 16" D,I.P. water main located approximately one-half mile east of Valewood Drive to accomodate the larger canal cross section. The County shall reimburse the District for actual costs of the pipeline modification. The County hereby agrees to include an additional portion of Collier County right of way comprising of approximately 0.11 acres, legally described in Exhibit "iq' J U L 2 8 29. 32. 33. attached hereto and made a part hereof, in Collier County Permit # 6094D, attached hereto as Exhibit "L" and incorporated herein, for the District's utilization to access the adiacent District right of way depicted in the sketch included in Exhibit "lC. The County shall, within thirty (30) days of receipt of actual costs for the pipeline modification from the District, submit full reimbursement to the Distdct for said modifications. The County shall, within thirty (30) days of approval of this Consent Agreement, apply for a permit transfer of Right of Way Occupancy Permit No. 10045, as well as authofizati~)n for any unpermitted facilities allowed to remain by the submittal of a Right of Way Occupancy Permit/Modification application. The County shall, within thirty (30) days of approval of this Consent Agreement, relocate the unpermitted monitoring wells, as cited in paragraph 14 and 15, above, from the District's right of way. If the County desires to install any new facilities within the District's right of way, it may file a Right of Way Occupancy Permit/Modification application, once construction is complete and prior to placing any encroachments on the District's right of way. The necessary non-refundable application processing fee must be included with any application, and all Right of Way Occupancy Permits or Modifications are subject to approval by the District's Governing Board. For and in consideration of the provisions and obligations agreed to in this Consent Agreement, the District waives its rights to seek administrative or judicial imposition of damages, injunctions or restraining orders, and civil or criminal penalties for any and all acts of the County or its agents which occurred prior to the District's approval ,o. I(.. (~) {?) JUL 2 8 1S9 34. 35. of this Consent Agreement or are authorized to occur in the future by the provisions of this Consent Agreement. The County hereby agrees to defend, hold and save the District harmless from any and all damages or claims which adse from previously unauthorized uses of the dght of way if any, or the continued use of the District's dght of way. Pursuant to sections 373.044, 373.083, 373.085, 373.086, 373.119, 373.129, 373.603 and 120.69, Fiodda Statutes and rules 40E-1.609, 40E-6.341 and 40E- 6.491, Florida Administrative Code, as well as any other statutory, administrative or commo'n law remedies available, the District is authorized to enforce the terms of this Consent Agreement and seek other remedies for violation of the terms of this Consent Agreement which include but are not limited to: a. An iniunction to abate the violations; b. Civil penalties in an amount not to exceed $10,0OO.O0 per day, each day constituting a separate offense; c. Investigative and removal costs, court costs (including both costs recoverable under the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, other provisions of the Florida Statutes and Florida Administrative Code, as well as any and all other costs 'associated with litigation that are not taxable costs under the cited authorities}, and reasonable attorney's fees, plus interest at the highest rate allowed under Florida law calculated from the time the District incurs each expense. Such attorney's fees shall be based upon the fair market value of the services provided, based upon what a private attomey would charge. JUL 2 8 iS93 PG._ It - 36. 37, This Consent Agreement shall take effect upon adoption by and execution on behalf of the Governing Board of the District, shall be filed with and acknowledged by the Clerk of the District immediately thereafter, and shall remain in full force and effect until its terms and conditions are carried out. The requirements of this Consent Agreement shall bind and inure to the benefit of the successors and assigns of the County, except as modified by the District, ALL OF THE OBLIGATIONS OF THE PARTIES ARE SET FORTH HEREIN, NO ORAL REPRESENTATIONS OR AGREEMENTS OF ANY KIND WiLL ALTER ANY OF THE TERMS AGREED UPON IN THIS CONSENT AGREEMENT. ~ 1,:,1 COUNTY: COLLIER COUNTY, FLORIDA through its COUNTY COMMISSION Barbara B. Berry, Chairman ATTEST Dw4ght Brock. Clerk of the Circuit Court By: Deputy Clerk Approved as to form and legal sufficiency Rodney C.~ade, Assistant Co ty Attorney/ JUL 2 ORDERED at West Palm Beach, Palm Beach County, Florida, this f~c~ ! ,1998. J~+'f~ dayof SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD William F. Malone Director, Construction and Land Management Legal Form Approved S~ Office of Couosel Date ,4/---~J/'?.-- .'~' FILED WITH THE CLERK OF THE SOUTH FLORI[~ WATER MANAGEMENT DISTRICT ON // ~-,~4)- ~¢ /') ' ~/ ~- Deputy District ~ler~/ .o. j JUL 2 8 J-395 P~. /4- SEE MAI= RIDGE 11 34110 12 ON- WlLLOWICK ME MADISON KIRTLANO STADIUM NAPLES (FUTURE SITE) GOLF ¢OUNTP. Y i CARLTON ~ LAKES Y~ICKUFFE ~ ~ CHARt DR Exhibit "A" RO COLLIER COUNTY 34119- eSTATES 16 10 15 24 AV L~KE IMMOKALE~ WOODLAND 22 11 RIDGE 34110 I EFF"L U~A/ 7- . S E~v ,e-~,F' FC Ac E ~t ~ D~v,$io~/ cio VV t~ 2r'E W',,'r TE ,'C "0 E-CT: .1 (¢" ,2¢" ,p..¢ ', ON ~E Tt RY STADIUM NAPLES (FUTURE SITE) COUNTRY i GARLTON i LAKES PI WICKUFFE C~ AGREEMENT THIS AGREEMENT made and entered into this /~J~-- day of ~~ , 1986, by and between the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida (hereinafter the DISTRICT), on behalf of the BIG CYPRESS BASIN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter the BASIN); and COLLIER COUNTY, a political subdivision of of Florida (hereinafter the COUNTY). the State o WITNESSETH THAT WN~REAB, it-is the desire and intent of the parties that the BASIN gradually assume the responsibility for the control, operation and maintenance of desi~nated watercourses which have a si~nificant impact upon the water resources in the BASIN and Collier County, Florida; and WHEREAS, for ~he purpose of establishing the BASIN as such control agency, it is necessary that certain Watercourses as defined in section 373.019, Florida Statutes, be declared "Works of the Basin"; and WHEREAS, the watercourses to be adopted in due course as "Works of the Basin" are listed on Exhibit "A", attached hereto and by this reference made a part of this instrument, although it is acknowledged that the above constitute only a part of all of the existing watercourses in Collier County, Florida; and Exhibit JUL 2 8 lg98 WHEREAS, the BiZ Cypress Basin Board has the statutory authority to declare additional watercourses as "Works of the Basin", whenever such Board may wish to place the same under the control, operation and maintenance of the BASIN. NOW, THEREFORE, in consideration of the benefits flowing from each to the other, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Hereafter the DISTRICT, through the BASIN, shall be the public agency in Collier County, Florida, 'responSible for the control, operation and maintenance of the watercourses listed in Exhibit "A', whenever e3ch one of them is adopted as "Works of the Basin."-.It is the intent of the DISTRICT/BASIN to maintain , those watercourses to. their capacity existing at the time of adoption as."Works', but the DISTRICT/BASIN will not necessarily be responsible ~or future improvements to such watercourses. ~owever, the DISTRICT/BASIN agrees to amend its responsibilities over the list of adoptable works, at the discretion of the Basin Board,' to include additional responsibilities for future watercourse improvements undertaken by ~he COUNTY. Annually and in advance of the respective fiscal DISTRICT/BASIN and the COUNTY, both maintenax~ce program outlining the work COUNTY under contract to the DISTRICT/BASIN utilization of equipment and manpower. years for both the parties shall prepare a to be performed by the to maximize NO._~_~__ JUL 2 8 The COUNTY, as the control, operation and maintenance of all Exhibit "A", will remise, release and relinquish DISTRICT/BASIN all rights and responsibilities which exercised heretofore over said watercourses. 3. The DISTRICT/BASIN shall prepare which shall locate, describe, and watercourses in Collier Count~, u~dated from time to time by the entity heretofore charged with the watercourses listed in to the it has identify Florida. DISTRICT/BASIN a watercourse map, all known existing Said map shall be as the need arises, and the COUNTY, to the extent permitted by its available funds and resources, ma7 assist the DISTRICT/BASIN in maintaining and updating descriptions and Collier County. 4. said map in order idehtities of to keep current the locations, any and all watercourses in Inasmuch as the ownership and/or title of some of the adoptable watercourses which may become subject to this Agreement may be in the name of owners other than the COUNTY, and in the event it may be necessary to conduct a title search on said watercourse(s), such title search(es) may be done by the COUNTY for the DISTRICT/BASIN. The COUNTY, to the extent permitted by law and by its available current funding, may provide assistance and funds to the DISTRICT/BASIN to secure such land interests, whether in fee simple title, easement, use rights and/or rights of way as may be essential to the control; operation, maintenance, and access to the watercourses adopted by the BASIN; notwithstanding PROVIDED, however, that the the JUL 2 8 gg8 DISTRICT/BASIN may unilaterally take such action in this regard as it deems necessary and at its own expense to search title and acquire such land interests. 5. The DISTRICT does nbt need to purchase the fee ~r any underlying title to those watercourses that may be adopted as 'Works of the Basin." However, if the underlying fee simple title or some other land interest to any property upon which any watercourse is site~ is ~ffered to the DISTRICT, the DISTRICT shall have the right and authority to accept or acquire the same if deemed advisable. 8. That this Agreement may mutual accord of the parties. right to notice in termination, the watercourses, thereto, shall will no longer That either party to terminate the same writing. be modified in writing by the this Agreement shall have the by appropriate official act and In accordance with the provisions of such control, operation and maintenance of the as listed in Exhtbit'A", and any supplement revert back and be transferred to the COUNTY, and be deemed as works of the Basin. Now the provisions controlling termination shall be as follows: a. The party exercising the te.-mination option shall give to the other party a written notice that beginning 270 days after the receipt of the notice the DISTRICT/BASIN will commence the process of transferring watercourses back to the COUNTY. process of transferring of watercourses shall all BASIN watercourses in Collier Cour 4 b. Such continue until JUL 2 8 1 S$ are transferred back to process shall not exceed notice of termination. the COUNTY. In any event this transfer three years in time from the date of c. The DISTRICT/BASIN will transfer to the COUNTY at no cost only such title and interests as were originally conveyed by the COUNTY to the DISTRICT/BASIN, if any. To avoid duplicate payment for real property interests with ad valorem taxes generated in Collier County, purchases of' real property interests and capital improvements by the DISTRICT, with funds other than those generated by the Basin and subsequent to the original transfer(s) from the COUNTY, shall not be a part of the above reversion(s)' at no cost, but will be negotiated separately between the parties hereto; the terms of any such reversiOn(s) to be addressed in (a) separate written agreement(s) of said parties. This Agreement is contingent upon the BASIN's funding and budget approval by the DISTRICT for the adoption and maintenance of the w~tercoUrses listed in Exhibit "A", as well as any others added thereto by the BASIN. Failure of the DISTRICT to generate enough BASIN revenue tO fund its annual cost of operating and maintaining these watercourses will be a cause of termination of this Agreement. 8. To the extent allowed by Florida la~, the DISTRICT and the BASIN agree to protect, defend, hold harmless and indemnify the COUNTY, its officers, employees and agents for, from and / - f, / JUL 2 8 I COSTS, charges, professional and attorney's fees, or other expenses or liabilities of every kind and character which arise. directly or indirectly, from any act or omission of the DISTRICT and/or BASIN, or any contractor or directly or indirectly employed by any subcontractor, or anyone of them or anyone for whose act any of them may be liable. 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day, month and year first above written. (Corporate Seal) (Corporate Seal) Approved as to form and legal.sufficiency /~'~ David C. Weigel '-Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT., BY ITS GOVERNI~OARD Chairman' . · ATTEST :. By ~.~ Secretary APPROVED BY THE BIG CYPRESS BASIN, BY ITS GOVERNING BOARD ' COLLIER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS JUL EXHIBIT 'A" The following list identifies the watercourses in Collier County, Florida currently eligible to be adopted as "Works of the Big Cypress Basin' or "Works of the BASIN." The schedule for assumption of control, operation and maintenance responsibilities for each watercourse will be determined according to the priorities of the Big Cypress Basin Board, and such phased schedule for the proposed take-over may be adjusted at such Board's direction, subject to approval also by the County. (1) Golden Gate,anal, Main System (2) D-2 Canal ' (3) Green Canal ' (4) North Naples Drainage Canal (5) Cocohatchee Canal (6) C.R. 31 Canal (7) A-I Canal (8) C.R. 951 - Henderson Creek Canal ' (9) Main A/A-I Connection (Boulevard Canal) o° (10) Lely Canal .' (11) S.R. 29 (Barton River) Borrow Canal (12) Faka Union System Mains O and D, south of Alligator Alley Mains C-1 and D, north of Alligator Alley The location of the listed watercourses are shown attached map a reference. on the as Exhibit 'B". ~e above listing is given only as Inclusion' of these watercourses does no% imply an assume control, operation and maintenance over all obligation to or any of these waterworks until each has been adopted by the Big Cypress Basin Board as "Works of the Basin."' JUL 2 8 1 s$ (.; I~.~,' !': R .\I.. ]-IF.;Hxx.\Y .xl \1' .~. COLLIER COUNTY " FLOR ! DA 9*.0 f Or ,~,Gd'd..6 ,/, .- .. :~...5 "' '-'. ] .-.----~-~' "t \ . 't:.. , · ]:..... ~--. -;:7.'.." '" · ...~.'% .~.. -; :. ~ .-....'.:~ .. .. · .: ..... ,% · ]' ~ ;.: -, o · .'.:-'".~ ~::..;: ......: . .-- .. ,..-.... ~ :.-.-.,'.::'.-. ::.. .' ...~ ::' ,.~;..,. · ':;. . .'.¢ . · .. '.->: ~. 5"!:.'.4.. ':e.'. LEGI~ND ..~, -. '-. ' '~' :,:,:. II!1111111111111111111 ,:' " Indicates water courses .. ";"...;..,... lixted in Exhibit "A" · EXHIBIT "B" 'JU'L' 2 B ""',:.0, G AUTHORIZING: Transferred Z019190 .SFWM D PERMIT NO'.,' A 15" X 165' CANAL APPROXIMATELY (NON-ASSIGNABLE) s,?t.~e~ ~.3. tg~ DATE ISSUED RCP TH:ROUG"~ ~ NOW/'H RIG3T OF ii'AY OF TI~ COCOHATCY'~E 330' EAST OF THE CENTE:P,.LIN~ OF LAKELAND LOCATED IN COt, L[~ COUNTY, SECTION 24 TWP. 48s RGE 25£ ISSUED TO: (owner) Collier County Board Of County Co~issioners 3301Ta~ia~i Trail East Naples, Florida 33962 This permit is issued pursuant to Application NO. 90-0531-4 daled May 8, 19 90 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and a;I ' damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he shall promptly comply with all orders of the District and shall alter. repair or remove his use solely at his expense in a timely fashion. Petrol/tee shall comply with all laws and rules ad ministered by the District. This permit does not convey to permittee any property rights nor any rights or pri,vileges other than those specified herein. nor relieve the permittee from complying with any law. regulation, or requirement affecf, ihg lhe rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a license to use or occupy District works or lands. It does not create any right or entitlement. either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use Of the District works or lands, the District is under no obligation to transfer this permit fo any subsequent party. By acceptance pi this permit, the permittee expressly acknowledges that the permiltee bears all risks of loss as a result of revoca!ion of this permit. WORK PROPOSED. WILL BE COMPLETED ON OR BEFORE 9/30 19 91 otherwise, this permit is voided and all rights thereunder are automatically cancelled unless an extension to the construction period is applied for and granted. ~2 LIMITING CONDITIONS - (on reverse side of permit) SPECIAL CONDITIONS (SPECIFIC LIMITING CONDITIONS) ARE AS FOLLOWS: SPECIAL CONDITIONS ON TH~ ATTACH]~ Ska~-r ARE A PART OF THIS DOCUMENT. FILED WITH THE CLERK OF THE SOUTH FLORI D.a~YATER MANAGEMENT DISTRICT ON' .'/~'~ ~., / ~'~'~ Exhibit "C" SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNINu Permit Number 9216 Dominic La Grasta September 13, 1990 Page 2 of 3 SPECIAL CONDITIONS ARE AS FOLLOWS: THE SOUTH FLORIDA WATER ~ANAGEMENTDISTRICT IS NOT P~SPONSIBLE FOR DAMAGE TO INSTALLATIONS LOCATED WITHIN ITS RIGHTS OF WAY. PERMITTEE SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF EXISTING FACILITIES LOCATED WITHIN THE SOUTH, FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY. ANY ADDITIONAL FACILITIES OR ALTERATIONS TO EXISTING FACILITIES WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY WILL REQUIRE A MODIFICATION OF THIS PERMIT. e Be CANAL RIGHTOF WAY DISTURBED DURING CONSTRUCTION, INSTALLATION AND/OR MAINTENANCE OF THE AUT}{ORIZED FACILITY SHALL BE RESTORRD TO ORIGINAL OR BETTER CONDITION BY THE PERMITTEE. PERMITTEE IS SOLELY RESPONSIBLE FOR THE NOTIFICATION OF ANY RELOCATION(S) WHICH ~Y BE REQUIRED AS A RESULT OF THIS AUTHORIZATION OF ANY EXISTING. FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS'OF WAY. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE U}~IL COMPLETION OF ALL PHASES OF CONSTRUCTION. INVERT ELEVATION OF PROPOSED CULVERT SHALL BE SET AT 5.0' NGVD, OR LOWER. 10. ANY EROSION AND/OR SHOALING RESULTING FROM THE INSTA?.?.ATION .... A/TD/-OR-OPRRATION_OE.TH~_AUT~ORIZED_FACILITY~SHALL_BE_QQRRE.C2~ED_. ......... BY THE PERMIT'fEE TO THE SATISFACTION OF THE DISTRICT, AT HIS SOLE EXPENSE. THE TOP OF THE RIP RAP HEADWALL SHALL BE OF AN ELEVATION TO MATCH THE EXISTING GRADE. ENDWALLS/HEADWALLS WILL INCLUDE ADEQUATE RETURNS TO PRE%rENT EROSION. PERMITTEE SHALL BE REQUI~TD TO PREVENT THE DISCHARGE OF DEBRIS OR AQUATIC WEEDS INTO THE CANAL. 12. THE SUBJECT CULVERT SHAT, T. BE LAID TO AN ELEVATION W~ICH IS ADEQUATE TO PROVIDE A MINIMUM OF 24" OF COVER BELOW. NATURAL GROUND. JUL 2 8 Pe~it Number 9216 Dominic La Grasta September 13, 1990 Page 3 of 3 13. CANAL FLOWS. SHALL IN NO WAY BE RESTRICTED, IMPEDED OR BLOCKED DURING CONSTRUCTION. 14. NO DAMS OR FILLS ARE AUTHORIZED WITHIN. THE CANAL DURING CONSTRUCTION OF THE AUTHORIZED FACILITY(IES). 15. ALL WORK SHALL BE IN ACCORDANCE WITH THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION'S TURBIDITY CONTROL STANDARDS, ME~tODS AND REQUIREMENTS. 16. DISTRICT SHALL BE NOTIFIED 24 HOURS IN ADVANCE OF TRENCH BACKFILLING. 17. TRENCH SHALL BE BACKFILLED IN 6" COMPACTED LIFTS. 18. DISTURBED AREAS WITHIN THE RIGHT OF WAY WILL BE GRASSED OR SEEDED WITH BAHIA GRASS OR SOD PRZOR TO EQUIPMENT REMOVAL. 19. PERMITTEE SHALL CAREFULLY REMO~E ALL EXOTIC VEGETATION FROM WITHIN THE DISTRICT RIGHTS OF WAY WITHIN THE LIMITS OF THE PROJECT. ,%outh Florida Water AAanage-rnent District P.O. Box 2.4~) · ,%~01 Gun Club Road · West Palm Beach. FL .~416-4680 · (407) 686-88~ · FL WATS 1.80U.4.12.:.~ LAN 08-12 1010/Cocohatche~ Canal October 11, 1990 Collier County Board of county Commissioners 3301 Tamiami Trail East Naples, Florida 33962 Dear Permittee.: S~bject: Permit (MOD) Number 9216 The attached drawing reflects modification of Permit Number 9216 approved by the Governing Board of this District to include: THE INSTALLATION OF 2 TWIN 36" X 100' C.M.P.'S THROUGH THE NORTH RIGHT OF WAY OF THE COCOHATCHEE CANAL LOCATED. AT THE INTERSECTION OF LAKELAND AVENUE AND PIPER BOULEVARD. SPECIAL CONDITIONS: 1.'-T~i~' pERMIT REPRESENTS APPROVAL or THE PROJECT ONLY TO THE EXTENT OF THE DISTRICT'S INTEREST IN THE PROJECT WORKS RIGHT OF WAY. ANY ADDITIONAL APPROVAL OR PERMITS WHICH MAY BE REQUIRED ARE THE SOLE RESPONSIBILITY OF ~HE PERMITTEE, AND MUST BE OBTAINED PRIOR TO COMMENCEMENT OF CONSTRUCTION. e e m THIS PERMIT IS ISSUED BY THE DISTRICT AS A LICENSE TO USE OR OCCUPY DISTRICT WORKS OR LANDS. IT IS REVOCABLE BY THE DISTR~CT FOR CAUSE FOR THE REASONS STATED IN DISTRICT RULE 40E-6.341, FLORIDA ADMINISTP~TIVE CODE. THE 'PERMITTEE EXPRESSLY ACKNOWLEDGES .THAT ~IE PERMITTEE BEARS ALL RISK OF LOSS AS A RESULT OF REVOCATION OF THIS PERMIT. THE SOUTHFLORIDA wATER MANAGEHENTDISTRICT IS NOT RESPONSIBLE FOR DAMAGE TO INSTALLATIONS LOCATED WITHIN ITS RIGHTS OF WAY. PERMITTEE SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF EXISTING FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS'OF WAY. ANY ADDITIONAL FACILITIES OR FACILITIES WITHIN THE SOUTH DISTRICT'S RIGHTS PERMIT. ALTERATIONS TO EXISTING FLORIDA WATER MANAG~ OF WAY WILL REQUIRE A MODIFICATIO~ JUL 2 8 Valerie [$oyd · Naples Garner. Chairman · Forl' Myem ,Joh~ R. Wodra~&. F. xecu~We Director FrStz .~eein . Et, elle Glade Permi~ (MOD) Number 9216 Collier County Board of County Commissioners October 11, 1990 Page 2 e 10. 11. 12. 13. 14. 15. 16. 17. 19. DAMAGE TO EXISTING AUTHORIZED FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHT OF WAY SHALL BE REPAIRED/REPLACED BY THE PERMI~E AT HIS SOLE EXPENSE. CANAL RIGHTOF WAY DISTURBED DURING CONSTRUCTION, INSTALLATION AND/OR MAINTENANCE OF THE AUTHORIZED FACILITY SHALL BE RESTO~Rn TO ORIGINAL OR BETTER CONDITION BY THE PERMITTEE. WORK PROPOSED WILL BE COMPLETED ON OR BEFORE TWO YEARS FROM ISSUANCE, OTHERWISE THIS MODIFICATION IS VOIDED ANDALLRIGHTS THEREUNDER ARE AUTOMATICALLY CANCELED UNLESS AN EXTENSION TO _.....TH~..C~TRU~TION PERIOD IS APPLIED FOR AND GRANTED. PERMITTEE IS SOLELY RESPONSIBLE FOR THE NOTIFICATION OF ANY RELOCATION(S) WHICH MAY BE REQUIgRD AS A RESULT OF THIS AUTHORIZATION OF ANY EXISTING FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMEA"UDISTRICT,S RIG~.~S OF WAY. THE LIMITING AND SPECIAL CONDITIONS WHICH ATTENDED THE ' ISSUANCE OF RIGHT OF WAY OCCUPANCY PERMIT NUMBER 9216 REMAIN IN FULL FORCE AND EFFECT. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES"OF CONSTRUCTION. INVERT ELEVATION OF PROPOSED CULVERT SHALL BE SET AT 3.60' NGVD, OR LOWER. ANY EROSION AND/OR SHOALING RESULTING FROM THE INSTALLATION AND/OR OPERATION OF THEAUTHORIZEDFACILITYSHALL BE CORRECTED BY THE PERM/~ TO THE SATISFACTION OF THE DISTRICT, AT HIS SOLE EXPENSE. THE TOP OF THE RIP RAP HEADWALL SHALL BE OF AN ELEVATION TO MATCH THE EXISTING GRADE. ENDWALLS/HEADWALLS WILL INCLUDE ADEQUATE RETURNS TO PREVENT EROS I ON. PERMITTEE SHALL BE REQUIRED TO PREVENT DISCHARGE OF DEBRIS OR AQUATIC WEEDS INTO THE CANAL. THE SUBJECT CULVERTS SHALL BE LAID TO AN ELEVATION WHICH IS .ADEQUATE TO PROVIDE A MINIMUM OF 24" OF COVER BELOW NATURAL GROUND. PERMITTEE SHALL CAREFULLY REMOV-~ ALL EXOTIC VEGETATIO~ F~QM~ 8 ~ene Permit (MOD) Number 9216 Collier County Board of County Commissioners October 11,~990 Page 3 20. THIS PERMIT MODIFICATION SHALL BE SUBJECT TO THE 12 LIMITING CONDITIONS APPEARING ON THE ATTACHED SHEET. Please update your records by attaching this letter and revised drawing to your permit. District Permit modification does not relieve you of the responsibility of obtaining authority from federal state and local agencies. ' ' Should you object to the terms of this Permit or to the Permit S~di%~'-L~l/ni~i~-~--dSnditions, ~1~ f~f~r to ¥~e att~8~-~d-"Notice of Rights", which addresses the procedures to be followed if you desire a public hearing or other review of the agency action. Please contact this office if you have any questions concerting this matter2 You must notify the District of your objections, if any, prior to construction of the permitted work. If we do not hear from you prior to the date specified in the "Notice of' Rights", we will assume that you concur with the District's actions. Upon completion of the authorized work, you are requested to contact the District's area Field Representative, so that a'fi~al inspection may be scheduled. Site inspections may be scheduled Monday through Friday, between the hours of 9:00 A.M. and 3:00 P.M., by calling Mr. Tim Howard, Field Representative Telephone: (813) 597-1505. ' CERTIFICATE OF SERVICe. I HEREBY CERTIFY that a "Notice of Rights" has been furnished by U.S. Mail to the addressee this day of 1990. Laura Ann,Lythgoe Supervising Professional Right of Way Permitting Department of Land Management LAL/baf Attachments cc: Tim Howard RETURN RECEIPT REQUESTED ERTIFIED NUMBER p 390 773 517 AUTHORIZING: :":}FWMD PERMIT 9361 (NON-ASSIGNABLE) April 11, 199[ DATE ISSUED 24" WATER MAfN, 20" 'EFFLUENT AND 20" SEWAGE FORCE WAINS (ALL PILE SUPPORTED) CROSSING THE COCOHATCHEZ CANAL [DCATED IMMEDIATELY WEST OF THE FUTURE LIVINC~N ROAD BRIDGE. LOCATED IN cou, z]~ ...... COUNTY. SECTION TWP._ 4ns 'RGE. ~ ISSUED TO: (owner) Collier County Water - Sewer District cJ'o Collier County Utilities Division 2800 No~.h Horseshoe Drive -Naples, Fl~f'i~i{*339¢2 ...... : ............. 91-0313-3 dated Fe. brua_-7 28, 19 91 . and This permit is issued pursuant to Application No. permittee's agreement to hold and save the South Florida Water Management Oistrict and its s*uccessors harmless from any and all, damages, claims or liabilities which may arise by re,son of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he shall promptly comply with all orders of the District and shall alter. repair or remove his use solely at his expense in a timely lashion. Perrnittee shall comply with all laws and rules administered by the OistricL This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein. nor relieve the permittee from complying with any law~ regulation,, o¢ requirement atlectihg the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a license to use or occupy District works o r lands. It does not create any rig ht or entitlement. 'either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligatio~ to transfer this permit to any subsequent party. By acceptance ot this permit, the permitlee exp'ressly acknowledges that the permittee bears all risks of loss as a result of revocation of this permit. WORK PROPOSED,,WILL BE COMPLETED ON OR BEFORF 4/30 19 92 ,,otherwise. this permit is voided and all rights thereunder are automatically cancelled unless an extension to the construction period is applied for and granted. 12 LIMITING CONDITIONS - (on reverse side of Permit) SPECIAL CONDITIONS (SPECIFIC LIMITING CONDITIONS) ARE AS FOLLOWS: SPE/~IAL CONDITIONS ON THE ATTACKED SHEET ~ A PART OF T~IS DOC~. cc: Hole, Montes, and Associates, Inc. 715 Tenth Street, South P.O. Box 1586 Naples, Florida 33939 Att. n: David W. Schmitt, P.E. FILED WITH THE CLERK OF THE SOUTH EI. OR[DA WATER MANAGEMENT DISTRICT /7. ~' Del~ CleM' Exhibit SOUT~ FLORIDA WATER MANAGEMENT J U L 2 8 Permi~ Number 9361 Collier County Water - Sewer District April 11, 1991 Page 2 of 4 SPECIAL CONDITIONS ARE AS FOLLOWS: THIS PERMIT IS ISSUED BY THE DISTRICT ASA LICENSE 'TO USE OR 'OCCUPY DISTRICT WORKS OR LANDS. IT IS REVOCABLE BY THE DISTRICT FOR CAUSE FOR THE REASONS STATED IN DISTRICT RULE 40E-6.341, FLORIDA ADMINISTRATIVE CODE. THE PERMITTEE EXPRESSLY ACKNOWLEDGES THAT THE'PERMITTEE BEARS ALL RISKS OF LOSS AS ~ RESULT OF REVOCATION OF THIS PERMIT. THE SOUTHFLO~IDA WA.TERMANAGEMENTDISTRICT IS ~9~.RESPONSIBLE FOR"DAMAGE.TO INSTA~ATf~-N~ LOCATF/~--WITHIN ITS RIGHTS OF WAY. PE~4ITTEE SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF .EXISTING FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY. 0 ANY ADDITIONAL FACILITIES OR ALTERATIONS TO EXISTING FACILITIES WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY WILL REQUIRE A MODIFICATION OF THIS PERMIT. Se CANAL RIGHTOF WAY DISTURBED DURING CONSTRUCTION, INSTALLATION AND/OR MAINTENANCE OF' THE AUTHORIZED FACILITY SHALL BE RESTORED TO ORIGINAL OR BETTER.CONDITION BY THE PERMITTEE. THE PERMITTEE IS SOLELY RESPONSIBLE FOR ANY RELOCATION(S) WHICH MAY BE REQUIRED AS A RESULT OF THIS AUTHORIZATION. LIKEWISE, THE PERMITTE~ IS RESPONSIBLE FOR ANYNOTIFICATION OR COORDINATION WITH THE OWNERS OF PREVIOUSLY PERMITTED FACILITIES LOCATED WITHIN THE DISTRICT'S RIGHTS. OF WAY. PERMITTEERECOGNIZES THAT IN ANEMERGENCYSITUATIONANYORALL PERMITTED ITEMSWITHINTHE DISTRICT'S RIGHT OF WAY ARESUBJECT TO IMMEDIATE ALTERATION, MODIFICATION OR REMOVAL BY DISTRICT FORCES. ~ DAMAGE RESULTING THEREFROM IS NOT THE RESPONSIBILITY OF THE DISTRICT. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT TEE JOB SITE UNTIL COMPLETION OF ALL PHASES OF CONSTRUCTION. PERMITTEE RECOGNIZES THAT UPON THE SALE OR TRANSFER OF THE PROPERTY, IT IS THE PERMITTEE"S RESPONSIBILITY TO INFORM THE NEW OWNER THAT A PERMIT EXISTS AND THAT I~DIATELY FOLLOWING THE SALE OF THE PROPERTY, A REQUEST FOR TRANSFER OF SAID PERMIT MUST BE SUBMITTED TO .THE DISTRICT. J U L 2 Permit Number 9361 collier County Water - Sewer District April 11, 1991 Page 3 of 4 10. THE SUBJECT MAINS SHALL BE LAID TO AN ELEVATION WHIC~ IS' ADEQUATE TO PROVIDE A MINIMUM OF 36 INCHES OF COVER BELOW NATURAL GROUND WITHIN THE LIMITS OF THE 'RIGHT OF WAY . 11. PILES OF PROPOSED WATER MAIN AND FORCE MAINS SHALL ALIGN WITH PILES OF EXISTING ADJACENT CROSSINGS. 12. LOW MEMBER ELEVATION OF PROPOSED PILE-SUPPORTED FORCE MAINS AND WATER MAIN SHALL BE SET AT 15.0' NGVD OR HIGHER.~ 'i3.' "'T~ ~ERM~TTEE SHALL-PLACE HiG~--~i'SfBiLiTY' REFLECTIVE DEVICES OR MAznUAL ON BOTH FACES OF THE A HORIZED PILE S PORT CROSSING. SAID REFLECTIVE DEVICES OR MATERIAL WILL BE PLACED SO AS TO BE SEEN FROM THE WATER AND SHALL BE IN ACCORDANCE WITH DOT INDEX NUMBER 600, SHEET 6 CODE "OM 3R" WITH EACH , · REFLECTIVE DEVICE OR MATERIAL INSTALLATION BEING APPROXIMATELY 1 FOOT BY 3 FEET AND HAVING A SURFACE AREA OF 430 SQUARE INCHES OR LARGER. REFLECTIVE DEVICES OR MATERIAL SHALL BE PLACED ON BOTH THE UPSTREAM AND DOWNSTREAM FACES OF ALL PILES WITHIN ~ CHANNEL. LIKEWISE~' THE UPSTREAM AND DOWNSTREAM FACES OF EACH SPAN OVER THE CHANNEL' SHALL BE EQUIPPED WITH REFL.ECTIVE DE%rICES OR MATERIAL. REFLECTIVE DEVICES OR MATERIAL SHALL BE AFFIXED TO PILES WITH THE LONG AXIS ORIENTED VERTICALLY MIDWAY BETWEEN THE NORMAL WATER SURFACE ELEVATION AND THE LOW MEMBER ELEVATION OF T~E ADJACENT SPANS. REFLECTIVE MATERIAL SHALL BE AFFIXED TO THE SPANS MIDWAY BETWEEN PILE BENTS WITH THE LONG ~AXIS ORIENTED HORIZONTALLY AND WITH THE LOWER EDGE NOT MORE THAN 1 INCH OF THE BOTTOM OF TT/E BRIDGE LOW MEF~3ER. THE PERMITTEE-IS RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE AND REpLACEMEnT OF THE REFLECTIVE DEVICES OR MATERIAL AS 14. CANAL FLOWS SHALL IN NO WAY BE RESTRICTED IMPEDED OR BLOCKED DURING CONSTRUCTION- 15. TURBIDITY SCREENS SHALL BE USED DURING INSTALLATION' OF AUTHORIZED MAINS. 16. NO DAMS OR FILLS ARE AUTHORIZED WITHIN THE CANAL DURING CONSTRUCTION OF THE AUTHORIZED FACILITIES. lT. ALL WORK SHALL 'BE IN ACCORDANCE WITH APPLICABLE STATE OF FLORIDA, DEPARTMENT OF ENVIRO}:.~AL REGULATION' S · '..':-..:~. CONTROL STANDARDS, METHODS AND REQUIREMENTS. Permit Number 9361 Collier County Wate~ - Sewer District April 11, 1991- Page 4 of 4 DISTURBED AREAS WITHIN THE RIGHT OF WAY WILL BE GRASSED WITH BAHIA SOD, AND PEGGED AS REQUIRED, UPON COMPLETION OF CONSTRUCTION OF THE AUTHORIZED FACILITIES. 19. ALL MATERIAL AND DEBRIS SHALL BE COMPLETELY REMOVED FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S CANAL ANDRIGHTS OF WAY. <~ 20. PERMITTEE SHALL CAREFULLY REMOVE ALL EXOTIC VEGETATION FROM WITHIN THE DISTRICT'S RIGHTS .OF_WAY THROUGHOUT THE. LIMITS OF .~ '- .......~ .... THE PROJECT AND KEEP. THE RIGHT OF WAY FREE OF SAID VEGETATION THROUGHOUT THE LIFE OF THIS PERMIT. 21. PERMITTEE SHALL PLACE SANDBAG/CEMENT RIP-RAPBENEATHTHE PIPE BEGINNING AT THE POINT THE PIPE ENTERS THE dANAL BANK AND EXTEND TOTHECONTROL WATER SURFACE ELEVATION. RIP-RAPSHALL EQUAL OR EXCEED THE WIDTH OF THE AUTHORIZED PIPE; TO REDUCE.' CANAL BANK EROSION. JUL 2 8 1S98 NORTHEAST SOUTHEAST OUARTE. R O~JART ER TV Z7 ql- o 3t 3-..~ 34 'TWP. 49 ~. RNG 2~E 35 -ct FAG( 39 36 TWp 49 S'F~G 25 E ' I~k._ASPHALT MAINTEN J ~ C INDUSTRIAL t~-mm ENTERPRISES EVELOPMENT I ~k '~L" MEANS "SERWCE & QUALITY" I ~~U SITEWORK · PAVING' Leasing & Sales /~mmmm SEAL COATING of Offices & COLLIER COUNTY ~ LEE COUNTY PATC~.CARST~S.RUeEmZEO Warehouses 597-2~4 or 463-5339 ~" ~ST ~ 2180 J & C Blvd. Naples, Florida 33942 ~CE~E~ MEMBER BETTER BUSINESS BUREAU & CHAM~ER OF COMMERCE To ~EET 'HOLE, MONTES & ASS~,CIATES, INC. Engineers - Planners - Surveyors P.O. Box 1586 NAPLES, FLORIDA 33939-1586 (813) 262.4617 ! I 'k U t n?.~ -'~ .'1'! 8 IS98 b 181 50 . 150 SCALE IN FEET SE/4 24-48S-25E I 24"F-P. I I ~ I I I 0 I I I ~ I I ~ u3 I I 0 63 I .....-.I-' .... ...----r, ~ ~ ? lOt:J i , I ~ I I E R/W I ~- I -- I E~R~DGE J )B- I I I I I I I 45' ELB SPOIL AREA ~ I w SPOIL AREA ------¥.T. OB-~.. _J 2O I PIP FUTURE UVING'STON ROAD CANAL R/W IMMOKALEE ROAD CANAL PLACES I EL.BOWS EXISTINt GUARD I J ' , 20'W,M; I ' T I AT&T (~" T"' MK-389 j t EXISTING ' ~ R 4'F.M., PLP PROPOSED R/W COLLIER COUNTY WATER-SEWER DISTRICT IMMOKALEE ROAD UTIUTY IMPROVEMENT PROJECT · EXCESS SPOIL MATERIAL ..':, ~1® TO BE DISPOSED OF AT ~1 COUNTY FILL STORAGE ' II , 'l SITE FOR FUTURE ROAD E C E I NOTE: CONTRACTOR TO PROVIDEJ J! ~J~ND MAINTAIN TURBIDITY CURTAINS MAR 1 3 DURING CONSTRUCTION AND :' ' i RESTORATION OPERATIONS. ;, I pR~q STRAW BALES AROUND NE/4 25-48S-25E ALL SPOIL Al 20' F.I,I. 24' I~MOKALEE ._ I i : l I " ..... ! ii , t ' ~J 3.0 . ; 28.? ' i PROPOSED ~ Il ~ ~'~ J ~ ' 20' w.~. ~ 5 n~l ~ I ~ ~ .... ~..;~ :. _.~_ . j .~ 22__ ' ~ ~ ~ I i. .... t"~'-U~ ~mu , ! ~ r I,I F I ~ i F I; I T ' -- j ....~~'"' '-:---l~ .... 7' ~~':'~2' · '- , ' J ! , J ~ ~ PI~E IN~RTS EL 15.0 , il l ~ 1il rm ~ ~ ~ w.L EL=~.~, il:O/:8/~O) POSED 20- FM ~ J : ; ' PROPOSED ~ · x ~ : 24' E.P. :~ I' ! L EXI~nNG tRADE I j I:, [ : i I : AROUND EACH PI~E , . ! (~. EACH END : ~ : , , ~NO~: I ~J l i I ~ ' MIN. PiPE INERT EL=15.0 ~, ~ :' · AS PER S.F[W.M.D j : : :ALL ELEVA~ONS BASED ~N , ~ i ~ N.G.V.D. 1929 'Ii~[ ~ ............ :~ ~ i .~ .... :c.oss ~o. ~. R E O E ! V E ~ ,, i L~ING ~T I , RIZONTAu SCALE :' ~ 10' t STOLON [~ IMMO~E ROAD l~a+~ ~R~CAL SCALE 1" : lO' ' HAR 13 1991 ~ , JUl ? 8 1798 WA~-S~ DIS~ICT ~ ~NO IMMO~! FF ROAD ~~ 28:0' 3.0" 22 3.0:_ ~ E INVERTS EL. 1~.0 : I ~7M.W.L. EL--~.8+ (10/18/90) EXISTING GRADE SOIL CEMENT BAGS 2.0 AROUND EACH PIPE (TYP. EACH END) PROPO', 20" Zw 12 PROPJ)SF_~ 20" NOTE: PROPOSED 24" E.P. -PR.O_POSEL. 20" F. Mj -12 MIN. PIPE INVERT EL--15.0 AS PER S.F;W.M.D (lO/lB/90) ALL ELEVAIIONS BASED ON N.G.V.D. 1929 CROSS SECTION DRAWN ' LOOKING WEST ~C~ ,.H~RIL-~QNTAI2 SCALE 1" = 10' O IMMOKALEE ROAD STATION 183 C E t V ~-;tEF~CAL :~CALE 1" 10' .,' COLUER COUNTY WATER-SEWER DISTRICT IMkJOK,A~ F'F' ROAD UTIUTY IMPROVEMENT PROJECT -- 3' MIN ! .E£ RD .O AUTHORIZING: . FWM D PERMIT NC. (NON-ASSIGNABLE) l't~y 9t 1991 DATE ISSUED WIDENING OF EXISTING COt~ ROAD 846 (NAPLES-I~OKALEE HIGHWAY), DRAINAGE FACILITI~-~:; ~ THE R.E,~J~I~ OF ~PR'OXII'~ATELY 2OO' OF ~ ~ ~L WI~XN ~ SOUTH RI~ OF HAY OF T~ C~O~TC~E ~, BEGI~ING AT ~ ~T~Y LIMITS ~ ~T~ING ~T~Y ~P~XI~TELY 12,440 LI~ LOCATED IN COLLIEA COUNTY. SECTION 23, 24 TWP. 48s RGF 25£ ISSUED TO: Iowner) Collier County Department of Transportation 3301 Tamia~l Trail East Naples, Florida 33962 Arts: Walter C. Carter This permit is issued pursuant to Application NO. 90-1218-1 ~dated November' 28, 19 ~) and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and a,II damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work Or Structure involved in lhe Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereol. The permittee, by' acceptance of this permit, hereby agrees that he shall promptly comply with all orders of the District and shall alter. repair or remove his use solely at his expense in a timely lashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey lo permittee any property rights nor any rights or privileges other Ihan those specified herein. nor relieve the permittee from complying with any law, regulation, or requirement alfectihg the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This perm,t is issued by the District as a license to use or occupy District works or lands. It does not create any right or entitlement. either legal or equitable, to the continued use of the Dist rict works or lands. Since I his permit conveys no right to the continued use of the District works or lands, the District is under no obligation lo transfer Ibis permit to any subsequent part%,. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risks of lOSS as a result of revocation of this permmt. WORK PROPOSED, WILL BE COMPLETED ON OR BEFORF .5/31 19 93 otherwise, this permit is voided and all rights thereunder are automatically cancelled unless an extension to the construction period is applied for and granted. 12 LIMITING CONDITIONS - (on reverse side of permit) : SPECIAL CONDITIONS (SPECIFIC LIMITING CONDITIONS) ARE AS FOLLOWS: SPECIAL CONDITIONS ON TH~ ATTACHED SHEZT ARE A PART OF THIS DOCUHENT. CC: }{oXes, ~ontes and Associates, Inc. 715 Tenth Street South Naples, Florida 33940 Atttl: J%obert L. Clark FILED WITH THE CLERK OF THE SOUTH FLORI DA WATER MANAGEMENT DISTRICT · BY / Exhibit "E" SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS G OVER f.~.'.'.T./ #0'~.T,r'- '-.= :.:... i J JUL281 8 ey: J ._ ,,- Permit Number 9368 Collier County Department of Transportation May 9, 1991 Sheet 3 of 5 SPECIAL CONDITIONS ARE AS FOLLOWS: THIS PERMIT IS ISSUED BY THE DISTRICT AS A LICENSE TO USE OR OCCUPY DISTRICT WORKS OR LANDS. IT IS REVOCABLE BY THE DISTRICT FOR CAUSE FOR THE REASONS STATED IN DISTRICT RULE 40E-6.341, FLORIDA ADMINISTRATIVE CODE. THE PERMITTEE EXPRESSLY ACKNOWLEDGES THAT THE PERMITTEE BEARS ALL RISKS OF LOSS AS A RESULT OF REVOCATION OF THIS PERMIT. ' WATER AGEMEN DISTRICT IS SPONSISLE D GE INSTALLATIONS LOCATED WI IN ITS OF WAY. PERMITTEE SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF EXISTING FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY. e ANY ADDITIONAL FACILITIES OR ALTERATIONS TO EXISTING FACILITIES WITHIN THE SOUTH FLORIDA WATF~ MANAGEMENT DISTRICT'S RIGHTS OF WAY WILL REQUIRE A MODIFICATION OF THIS PERMIT. CANAL RIGHTOF WAY DISTURBED DURING CONSTRUCTION, INSTALLATION AND/OR MAINTENANCE OF THE AUTHOR/ZED FACILITY SHALL BE RESTORED TO ORIGINAL OR BETTER CONDITION BY THE PERMITTEE. o THE PERMITTEE IS SOLELY RESPONSIBLE FOR ANY RELOCATION(S) WHICH MAY BE REQUIRED AS A RESULT OF THIS AUTHORIZATION. LIKEWISE, THE PERMITTEE IS RESPONSIBLE FOR ANYNOTIFICATION OR COORDINATION WITH THE OWNERS OF PREVIOUSLY PERMITTED FACILITIES LOCATED WITHIN THE DISTRICT'S RIGHTS OF WAY. PERMITTEERECOGNIZES THAT IN ANEMERG~SI~ATION~OR ALL PERMITTED ITEMS WITHIN THE DISTRICT'S RIGHT OF WAY ARESUBJECT TO IM~4~.DIATE ALTERATION, MODIFICATION OR REMOVAL BY DISTRICT FORCES.. ANY DAMAGE RESULTING THEREFROM IS NOT THE RESPONSIBILI~f OF THE DISTRICT. e A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PFASES OF CONSTRUCTION. e PERMITTEE RECOGNIZES THAT UPON THE SALE OR TRANSFER OF THE PROPERTY, IT IS THE PERMITTEE'S RESPONSIBILITY TO INFORM THE NEW OWNER THAT A PERMIT EXISTS AND THAT IMM~.nIATELY FOLLOWING THE SALE OF THE PROPERTY, A REQUEST FOR TRANSFER OF SAID PERMIT MUST BE SUBMITTED TO THE DISTRICT.I ~. Permit Number 9368 Collier County Department of Transportation May 9, 1991 ~heet 4 of 5 10. 11. 12. 13. RIP-RAP SHALL BE OF ADEQUATE DESIGN TO REMAIN INTACT DURING EXTREME FLOWS AND DISCHARGE. PRIOR TO THE INSTALLATION OF RIP-RAP THE BANK SHALL BE SHAPED TO MATCH THE SURROUNDING BANK AND THE ENTIRE AREA COVERED AND SECURED WITH FILTER CLOTH OR AN ALTERNATIVE MATERIAL ACCEPTABLE TO THE DISTRICT. INVERT ELEVATION OF PROPOSED CULVERTS SHALL BE SET IN ACCORDANCE TO DRAWINGS SHEETS 8 THROUGH 16, REFERENCE NUMBER 731PP5. THE TOP OF THE RIP-RAP HEADWALL SHALL BE OF AN ELEVATION TO MATCH THE EXISTING GRADE. 14. HEADWALLS WILL INCLUDE ADEQUATE RETURNS TO PREVENT EROSION. 15. PERMITTEE IS REQUIRED TO PREVENT DISCHARGE OF DEBRIS OR AQUATIC WEEDS INTO THE CANAL. 16. 17. 18. 19. 20. 21. 22. 23. EXCAVATED MATERIAL FROM THE CANAL SHALL NOT BE STOCK-PILED IN THE CANAL; ALL EXCESS MATERIAL SHALL BE REMOVED FROM THE DISTRICT'S RIGHT OF WAY. CANAL FLOWS SHALL IN NO WAY BE RESTRICTED IMPEDED OR BLOCKED DURING CONSTRUCTION. TURBIDITY SCREENS SHALL BE USED DURING EXCAVATION AND TRENCH BACKFILLING. NO DAMS OR FILLS ARE- AUTHORIZED WITHIN THE CANAL DURING CONSTRUCTION OF THE AUTHORIZED FACILITY(IES). ALL WORK SHALL BE IN ACCORDANCE WITH APPLICABLE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION'S TURBIDITY CONTROL STANDARDS, METHODS AND REQUIREMENTS. THIS RIGHT OF WAY OCCUPANCY PERMIT IS NOT VALID WITHOUT A CONCURRENTLY ISSUED SURFACE WATER MANAGEMENTAND/OR WATER USE PERMIT FROM THE DISTRICT'S DEPARTMENT OF REGULATION. ROAD WIDENING CONSTRUCTION SHALL BE TO SPECIFICATIONS SUBMITTED ON DRAWING SHEET 8 THROUGH 16, REFERENCE NUMBER 731PP5. PERMITTEE WILL PROVIDE THE DISTRICT ACCESS AS THE BIG CYPRESS BASIN. Permit Number 9368 Collier County Department of Transportation May 9, 1991 Sheet 5 of 5 24. 25. 26. 27. FIELD STATION SUPERINTENDENT WILL BE CALLED FOR SPECIFICATION REGARDING ACCESS RAMPSANDGATE PLACEMENT DURING ROAD WIDENING CONSTRUCTION. TELEPHONE NUMBER: (813) 597-1505. PERMIT AUTHORIZATION EXPIRES MAY 31, 1993, UNLESS AN EXTENSION TO THE EXPIRATION DATE IS APPLIED FOR AND GRANTED. PRIOR TO ~OMMENCEMENTOF CONSTRUCTION WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY, THE PERMITTEE SHALL CONTACT THE SUPERINTENDENT OF THE BIG CYPRESS BASIN FIELD STATION TO SET UP A PRE-CONSTRUCTION MEETING. DISTRICT SHALL BE NOTIFIED 24 HOURS IN ADVANCE OF TRENCH BACKFILLING. 28. TRENCH SHALL BE BACKFILLED IN 6 INCH COMPACTED LIFTS. 29. DISTURBED AREAS WITHIN THE RIGHT OF WAY WILL BE GRASSED WITH BAHIA SOD, AND PEGGED AS REQUIRED, UPON COMPLETION OF CONSTRUCTION OF THE AUTHORIZED FACILITIES. 30. 31. 32. 33. 34. 35. ALL MATERIAL AND DEBRIS SHALL BE COMPLETELY REMOVED FROM THE SOUTH FLORIDA WATER MANAGE~/~T DISTRICT'S CANAL AND RIGHTS OF WAY. PERMITTEE SHALL NOT PERFORM TuNYVEHICLEMAINTENANCE ACTIVITIES OR REPAIR OF VEHICLES WITHIN THE RIGHT OF WAY; NOR SHALL ANY SUBSTANCES AND/OR PARTS ASSOCIATED WITH THE REPAIR AND/OR MAINTENANCE OF ANY VEHICLES BE USED, STORED, OR DISCARDED WITHIN THE RIGHT OF WAY. THE USE OF THE DISTRICT'S RIGHT OF WAY FOR ACCESS, AS A.HAUL ROAD, STORAGE AB-D/OR PARKING OF EQUIPMENT OR CONSTRUCTION TRAILER(S) OR THE REPAIR/MAINTENANCE OF VEHICLES/EQUIPMENT IS NOT AUTHORIZED BY THIS PERMIT. PERMITTEE SHALL CAREFULLY REMOVE ALL EXOTIC VEGETATION FROM WITHIN THE DISTRICT'S RIGHTS OF WAY THROUGHOUT THE LIMITS OF THE PROJECT AND KEEP THE RIGHT OF WAY FREE OF SAID VEGETATION ,""HROUGHOUT THE LIFE OF THIS PERMIT. THIS PERMIT SHALL NOT BECOME VALID UNTIL PERMITS HAVE BEEN OBTAINED FROM ALL REQUIRED AGENCIES. THE PERMITTEE SHALL COMPLY WITH ANY MORE STRINGENT COND~~ S g/. - I L.d Z n,,, I~1 UJ LIJ J '~0 i'ltlm~ 3ONVA '1~0 J.'ll~d 3ONYA EIVED o DEC 1 8 RiGHT-OF.WAY NOV. 19go 0 LOCATION IMMOKALEE I,x:~ N~. 87.31 RC)13E RTL CLARKE, P.E. FLORIDA REG. No. 42831 MAP ROAD JUL 2 8 REF. No. RECEIVED MAR 1 z~ B~I RIGHT-OF-WAY DIVISION ROBERT FLORIDA HOLE, MON'TE.~ & ASSOCIATES, INC. IMMOKALEE ROA o^~:: NOV, '1990 IJoe No, B7,31 S1.~£ T No...S I ~L GOODLETTE FRANK ROAD STA 75+00 d ~ MATCH UNE DA'lIE: , REG. No. 428.3 ~.__ t~ ! MATC JNE STA 90+5O ,,.;I.., RECEIVED ~ ~ ~i~ ,T( HL E __---STA "'.l- __ ~l._t L _== =- ~1 UU."" ,o,,'. ,~o,,'T~s ~_.~..oc,A~s. ,,c. <.. 75+00 ~ UUO :ALE[ 1991 ~ Sa-~I~T N~. g MATCHUN~' I STA 106+0"" ST. Z RECEIVED MAR 1 ~ I991 o o. Z W W 8 w <-- .oi, i,L~NSI L~'/.~ '~N ~01'I L66[ '~1 ...~yOl MATCH ~E STA 137+00 fl. RECEIVED RIGHT-OF.WAY DIVISION ~-,-^ .,:~,+~o ,-,.cr,~I~¢~? I M M 0 KALE E / RQ A I~c.;.._ ,,.~, FEB. 1991 I'x:~ N~' 87.31 Is~'3' HOLE, MONTES & ASSOCIATES. INC. M ATCF,_..,',IE 2+50 RECEIVED MAR 1~ 1991 RIGHT-OF-WAY DIVISION RV~EW DRIVE l MATCHUNE Z L,d o STA ROBERT i[o... ~. FLORII~A REG. No. ,¢,2831 157+00 / llll 9i~ ,:::~ IMMOKALEE ____U~lol~H°~r, uom'Es & AS~OC~TES. ~NC. ~ (l~ ~ -- e7 DA~ FEB. 1991 IJ°ea°' 87.,31 Is~z-rN°- ~5 II I II I .... III I ...................... IIIIII II II IIII II I MA". .-ILINE S'IA 183+50 8 O RECEIVED MAR 1 4 1991 RIGHT-OF.WAY DIVISION MATCH EDGEWlLD BOULEVARD ROBER1 68+00 FLORID,~ IMMOKALEE R Z FEB. 1991 I JOO N~ 87.31 I I RECEIVED MAR 14 I991 :l RIGHT-OF. WAY DIVISION UMATCHLINE STA 199+00 ROBE R FLORID HOLE, MON'TT~ & AS~OCIATT:$. INC. DAT~: IMMOKALEE F'EB. 1991 j~! N~. 87..31 ..J.UL.Z 8 15:;a, SHEET No. 17 IMMOKALE E ROAD MATCH UNE %%%% .Z ~,'x STA 28+00 MA¥CH I RECEIVED .,, MAR ! ~ Iggl ~.IGHT-OF.WA¥ DIVISION ROBER' STA 16+50 FLORID~ FEB. 1991 N~. 87.51 ...... , llill Illlll II II IIIIII IIII I II I II I I IIII I I IIIIIIIIII IIIIIIIII IIII I I I I II IIII -' IATCHUNE STA 199+( RECEIVED MAR 1 4 1991 RIGHT.OF-WAY DIVISION Z Ld L,J ROBrFIT U'~. / STA 183+50FLORII~A F~Ft~ ~8 ~1 ~1 IMMOKALEE ~¢~.D~!o ~,~1 Permit Number 9368 Collier County Department of Transportation May 9, 1991 Sheet 2 of 5 /$TA. 87+46 S-51 STA. 97+00 S-5~ ~TA. 116+00 S-71B /ETA. 132+00 S-81B '/,~TA. 134+50 S-82 (8'H X 12'W RCP) (35' X 18" RCP) (24' X 18" RCP) (21' X 18" RCP) (SOUTN) (3-7'6"W X 6'H BOX CULVERTS) /STA. 143+00 S-90F /~A. 161+50 S-107B /~TA. 178+00 S-l19 STA. 191+00 S-131B STA. 203+00 S-139B (NORTH) (22' X 18" RCP) (33' X 18" RCP) (16' X 15" RCP) (23' X 15" RCP) (17' X 15" RCP) INV. ELE. (-) INV. ELE. (+) INV. ELE. (-) INV. ELE. (+) INV.. ELE. (+) INV. ELE. (+) INV. ELE. (-) INV. ELE. (+) 1.29 NGVD 1.00 NGVD 3.00 NGVD 0.00 NGVD 4.00 NGVD 3.90 NGVD 3.00 NGVD 0.00 NGVD INV. ELE. (+) 11.90 NGVD INV. ELE. (+) 4.00 NGVD INV. ELE. (+) 4.00 NGVD °$ HOLE, MONTES & AS CIATES, INC. Engineers - Planners - Surveyors P.O. Box 1586 NAPLES, FLORIDA 33939-1586 (813) 262-4617 SHEET NO .... CALCULATED BY CHECKED BY DATE / , DATE j ! ; i 1 !11 I · =i i I ! I ~ i ; \ ' i_ II i/ ,:/ ! I i : ; l I DAT~: ,:P.E. (C.R. 846 22 i I ' ! i i CLARKE..P.E.. I ' ' ~ t ~ ELI t I I ,, . .. : ' --- ~ __~: ~ .............. : ..... ; ~ [ ~ ~ ' =: ' ,._ ...... ..........'~ - --~ ~. :~ ' i ; ; ', , : j i !Eh[-i!VED ~ I , , ] · , : : : ; I : i : J ~,J : : ~ ~~4~ ~'~'~ r~ ~. ~ ~ "~ ~' ~ ~ NOV. 1990 I J I i I[ i I t : <1 I I I j~ I t HOLE, MONTES &: ASSOCIAT[S, INC. ' : I : I J DAr[: ,, - Hu~ ~ i I II I IIIIIII IIIII IIIIII III I III IIIII I I .... I IIIIIII ,, t ; i: Ii j : : : II i 1 :: Il : l '-T', L II II : : II : IMMOKALEE R RTkI~. CI. ARKE. P.E. DA'rE: NOV. 1990 I ~ No. 87.31 SHEET No.28 .9-.0 Snld A3"I':I '.-I~nS ~I3.LV~ XVI~ I S31~¥A 'IH 3>llG:! ,,. .9-,0 Sn-ld A3-13 S3I~JYA 'IH 3NIO=I ..~.,~ o~_ Z~ > RECEIVED MA~ RIGHT-OF-WAY HOLE. MONTES .,t, ASSOCtATF.,S, INC. '"~Z ~0 Z 1 ~ 1931 OAT~: Dl¥1SlOi"l FlJ. OR~D A"R'EI::;.' ' 'N o. IMMOKALEI JAN. 1991 ~ No, 87.,.31 - $outlx Florida Water Nlanaflement District Gun Club Road · P.O. Box 24680 · West Palm 5each. FL,T~I$-4680 · {40B ~-8~0 · FL WATS 1-800-4~.~4~ 1010/Coco-pgs. 1-12 August 25, I992 Mr. Adolfo A.' Gon:,alez, P.E. Collier County Government 3301 E. Tarnlami Trail, Bldg. D. Naples, FL 33962 Dear Mr. Gonzalez: Subject: South Florida Water Management District Right of Way Occupancy Permit Number 9368, Collier County, Cocohatchee Canal, Sections 23, 24, Township 48 South, Range 25 ~.a~ This letter is your official notice that the above referenced permit has been extended through May 31, 1994. Th~ extension is in response to your written request dated August 14, 1992. ~ permit has been adminl.m'a, tively modified to include the use of the south right of way of the Cocohatchee Canal az a haul mad. Thiz is contingent upon the required amounts of inmra.uce being kept in full affect until after all construction is completed. Please be advised that Special Condition //5, "CANAL RIGHT OF WAY DISTURBED DURING CONSTRUCTION, INSTATJ.&TION AIXrD/OR MAINTENANCE OF TH]E AUTHORIZED FA_O'r-rrY SH2S. T-T- BE KESTORh-~ TO ORIGR~TAL OR BETI'ER CONDITION BY THE PERM1TTEE', shall remain in effect, az well all other Special Conditions in the original permit. Please contact Mr. Doug Swank of the Naples Field Station, at (813) 597-1505, for a field inspection once all constuction is completed, and the right of way restored. JUL 2 8 PG. ,, .. ~ ~9365 .,',.gust 25, 1992 :~hould you need further assistance in this matter, do not hesitate to contact Ma'. Swan~ or me at (407) 687-6981. Sincerely, . :finch Dostal ,:;--~ru~or Engineering' Technician 2dght of Way Permitting Division Department of Land Management /pd FILED W/i~ r, -ru: e~ ~:ra..K OF THE c,~t FLORIDA WATER~,~.;~u=~,=,~- ~ ,~,, ,,~. JUL ,PG. ,~JTHORIZING: SFWMD PERMIT NO. 94. (NON-ASSIGNABLE) Aucust 15, 1991 DATE ISSUED 2-20" PILE-SUPPORTED FORCE ~INS ~ 1. ~ PILE ~R~ ~ ON ~ S~ ~ B~ ~SSING ~ C~O~ OCATED IN CO[,L[~ COUNTY~ sEtTioi~'" "'2o '~UED TO: .~ner) 2800 Norl;.b Horses. hoe Drive Naples, Florld~t T33942: :,s permil is issued pursuant to Applicatio~ No.' TWP. 48s RGF 26£ 91-0708-3- ;'" dated, Ju~e 11, 19,91 and : mdtee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all :', 3g cs. claims or liabilities which may arise by rea.son of the construction, maintenance or use of the ;~ork or structure involve~ in :- Permit. Said application, including all plans'and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, her~'by'~r~s that he Shall pro~n~tl~,'cOmply'with all ordem of the District and shall alter. ~ir or remove his use solely at his expense iD a timely fashion. Permit'tee shall comply with all laws and rules a'dr~ir{istered by the ':r ici. This pe rmit does not convey to p~rmittee any pro perty rig bls nor any rig his or priv le(3es other than those specified herein :; ~ relieve the perm ittee Irom complying with any law. regulation, or requirement aHectihg the rights of other bodies or agencies. All structure~ and wocks installed by permitlee hereunder shall ¢emain the'property of the permittee. ~ permit is issued by the District as a license lo use or OCcupy District w0~k~ or'l'an(Js. !t does not create any dght or entitlement. ,.;' ~ er legal or equitable, to the continued use of the Distri~t wo~'s or lar~d's: .~j.~c.~.t~!s permit conveys no right to the continued use . ~ :~ e District works or lands, the Oistdct is under fiD obligation to transfer this permit to any subsequent party. By acceptance of ;~ ,~ permit, the permittee expressly acknowledges that the permittee beam 'all risks of loss as a result of revocation of this permit. "' 7" ~ *,' ' ' : "~ '; ~, "~ "~, ' ',',',OAK PROPOSED. WILL BE COMPLETED ~DN (~R'BEFOR'E ' 8/31 1~;' 92 'otherwise. this permit iS voided and all rights mereunde¢ are automatically cancelled unless ~'n ~extension to tl~e c0.ns'tr~cti°n'period is applied for and granted. ~ 2 LIMITING CONDITIONS - (on reveme side of permit) .~-;. ;- . ~ :~CIAL CONDITIONS (SPECIFIC LIMITING C.O.N. DITIONS) ARE AS FOLLOWS: :iiAL CONDITIONS ON TH! ATTACKED SHIET ARE A PART OF THIS. DOCUMENT. '. Hole, Montes and Associates P.O. Box 1586 Naples, ¥1orida 33939 Arts: R.E. Benson, Jr., P.E. ;'[LED WITH THE CLERK OF THE SOUTH FLORIDA/~ATER MANAGEMENT DISTRICT :,.N ,, pl ' SOUTH FLORIDA WATER t lermit Number 9441 ~cllier County Utilities Division .%~gust 15, 1991 '~:eet 2 of ~ ?ECIAL CONDITIONS ARE AS FOLLOWS: ~qIS PERMIT IS ISSUED BY THE DISTRICT AS A LICENSE TO USE OR OCCUPY DISTRICT WORKS OR LANDS. IT IS REVOCABLE BY THE DISTRICT FOR CAUSE FOR THE REASONS STATED IN DISTRICT RULE 40E-6.341, FLORIDA ADMINISTRATIVE CODE. THE PERMITTEE ~CPRESSLY ACKNOWLEDGES THAT THE PERMITTEE BEARS ALL RISKS OF LOSS AS ~ RESULT OF REVOCATION OF THIS PERMIT. THE SOUTH FLORIDA WATER MANAGEPIENTDIS~CT IS NOT RESPONSIBLE FOR DAMAGE TO INSTALLATIONS LOCATED WITHIN ITS RIGHTS OF WAY. PERMITTEE SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF EXISTING FACILITIES LOCATED~WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY. . ANY ADDITIONAL FACILITIES OR ALTERATIONS TO EXISTING FACILITIES WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY WILL REQUIRE A MODIFICATION OF THIS PERMIT. CANAL RIGHT OF WAY DISTURBED DURING CONSTRUCTION, .INSTALLATION AND/OR MAINTENANCE OF THE AUTHORIZED FACILITY SHALL BE RESTOPED TO ORIGINAL OR BETTER CONDITION BY THE PERMI~E. PERMITTEE IS SOLELY RESPONSIBLE FOR ANY RELOCATION(S) WHICH MAY BE REQUIRED AS A RESULT OF THIS AUTHOP~IZATION. LIKEWISE, THE - PERMITTEE IS RESPONSIBLE .FOR ANY--NOTIFICATION OR COORDINATION WITH THE OWNER~ OF PREVIOUSLY PERMITTED FACILITIES LOCATED WITHIN ~ DISTRICT'S RIGHTS OF WAY. PERMITTEERECOGNIZES THAT IN ANEMERGENCYSITUATIONANYORALL PERMITTED ITEMS WITHIN THEDISTRICT'S RIGHT OF WAY ARESUBJECT TO IMMEDIATE ALTERATION, MODIFICATION OR REMOVAL BY DISTRICT FORCES. ANY DAMAGE RESULTING THEREFROM IS NOT THE RESPONSIBILITY OF THE DISTRICT.. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF CONSTRUCTION. PERMITTEE RECOGNIZES THAT UPON THE SALE OR TRANSFER OF THE PROPERTY, IT IS THE PERMITTEE'S RESPONSIBILITY TO INFORM THE ~ ~ SALE OF THE PROPERS, A REQU~SW F.OR Tm~SF~, o~ ~. ,~.. .~ J JUL 2 8 ~:25 i -~umit Number 9441 !liar County Utilities Division :ust 15, 1991 .~eet B of 4 ~ 0. PILES OF PROPOSED FORCE MAINS SHALL ALIGN WITH PILES OF EXISTING ADJACENT CROSSING. LOW MEMBER ELEVATION OF PROPOSED PILE-SUPPORTED FORCE MAINS S}-[ALL BE SET AT 23.0 NGVD OR HIGHER. ~ Ti~E PERMITTEE SHALL PLACE HIGH VISIBILITY REFLECTIVE DEVICES CR MATERIAL ON BOTH FACES OF THE AUTHORIZED PILE SUPPORTED CROSSING. SAID REFLECTIVE DEVICES OR MATERIAL WILL BE PLACED SO AS TO BE SEEN FROM THE WATER AND SHALL BE IN ACCORDANCE WITH DOT INDEX NUMBER 600, SHEET 6, CODE "OM 3R" WITH EACH REFLECTIVE DEVICE OR MATERI~ INSTALLATION BEING APPROXIMATELY 1 FOOT BY 3 FEET AND HAVING A SURFACE AREA OF 430 SQUARE INCHES OR LARGER. REFLECTIVE DEVICES OR MATERIAL SHALL BE PLACED ON BOTH THE. UPSTREAM AND DOWNSTREAM FACES OF ALL PILES WITHI~ THE CH OO~ LIKEWISE, THE UPSTREAM AND DOWNSTREAM FACES OF EACH SPAN THE CHANNEL SHALL BE EQUIPPED WITH REFLECTIVE DEVICES OR ~=%TERIAL. REFLECTIVE DEVICES OR MATERIAL SHALL BE AFFI~c~-D TO PILES WITH THE LONG AXIS ORIENTED VERTICALLY MIDWAY BETWEEN THE NORMAL WATER SURFACE ELEVATION AND THE LOW MEMBER ELEVATION OF THE ADJACENT SPANS. · REFLECTIVE MATERIAL SHALL BE AFFIXED TO THE SPANS MIDWAY BETWEEN PILE BENTS WITH THE LONG A~XIS ORIENTED HORIZONTALLY AND WITH THE LOWER EDGE NOT MORE ~]LAN 1 INCH OF THE 'BOTTOM OF THE BRIDGE LOW MEMBER. 5"HE PERMIT'fEE IS RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE .A~ND REPLACEMENT OF THE REFLECTIVE DEVICES OR MATERIAL AS ~ 3. CANAL FLOWS SHALL IN NO WAY BE RESTRICTED IMPED. ED OR BLOCKED DURING CONSTRUCTION. TURBIDITY SCREENS SHALL BE USED DURING CONSTRUCTION AND P~ESTORATI ON OPERATIONS. A£L WORK SHALL BE IN ACCORDANCE WITH APPLICABLE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION' S TURBIDITY CONTROL STANDARDS, METHODS AND REQUIREMENTS. THE PERMITTEE SHALL PLACE SOIL CEMENT . BAGS AROUND EACH APPROACH PIPE AND THE BAGS SHALL EXTEND TO THE MEAN WATER LEVEL ELEVATION (7.6' NGVD) . ~7. INSURANCE COVERAGE IN THE AMOUNTS OUTLINE ON THE INSURANCE SCHEDULE SHALL BE MAINTAINED THROUGHOUT THEIL~F~ .~m ...... ~ ~,~l I I llll II II I II I II II I I II II III I II .~umbe r 9441 County Utilities Division 15 1991 , ~ ~£TURBED AREAS WITHIN THE RIGHT OF WAY WILL BE GRASSED WITH SOD, AND PEGGED AS REQUIRED, UPON COMPLETION OF CC~ISTRUCTION OF THE AUTH6RIZED FACILITIES. MATERIAL AND DEBRIS SHALL BE COMPLETELY REMOVED FROM THE ~-DUTH FLORIDA WATER MANAGEMENT DISTRICT'S CANAL AND RIGHTS OF PERMITTEE SHALL NOT PERFORM ANY VEHICLE MAINTENANCE ACTIVITIES P~EPAIR OF VEHICLES WITHIN THE RIGHT OF WAY; NOR SHALL ANY .'i:;BSTANCES AND/OR PARTS ASSOCIATED WITH THE REPAIR AND/OR ~<.'..INTENANCE OF ANY VEHICLES BE USED, STOg~D, OR DISCARDED THE RIGHT OF WAY. THE USE OF THE DISTRICT'S RIGHT OF WAY FOR ACCESS, AS A HAUL ROAD, STORAGE AND/OR PARKING OF EQUIPMENT' OR CONSTRUCTION TRAILER(S) OR THE REPAIR/MAINTENANCE OF VEHICLES{EQUIPMENT IS' NOT AUTHORIZED BY THIS PERMIT. PERMITTEE SHALL CAREFULLY REMOVE ALL EXOTIC VEGETATION FROM WITHIN THE DISTRICT'S R~GHTS OF WAY THROUGHOUT THE LIMITS OF THE PROJECT AND KEEP THE RIGHT OF WAY FREE OF SAiD VEGETATION THROUGHOUT THE LIFE OF THIS PERMIT. SFWMD PERMIT NO. Mod. ,4,, (NON-ASSIGNABLE) DATE ISSUED :~l~qG. RE-INSTALLATION OF EXISTING, PREVIOUSLY AUTHORIZED 2 - 20" PILE-SUPPORTED FORCE MAINS AND I PILE-SUPPORTED EFFLUENT FORCE - MAIN h/;NG ON T~E SAME CARJLIER BP. II)GE CROSSING T~E COCOHATC~ CANAL APPROXIMATELY 1 MILE EAST OF THZ PROPOSED LIVINGSTON ROAD BRIDGE TO ACCOP~ODATE LOWERING TKE LOW MEMBER ELEVATION FROM 23.0' NG-VI) TO 17.5' NGVD OR COUNTY. SECTION 20 TWp. 48S RGE. 26£ Collier County Utilities Divlslos 2800 North Horseshoe Drive Naples, Florida 33942 .::ueC pursuant tO Apphcabon NO. Mod. 9441 dated. MAY :~9 19 92 and ,- e mens to hold and save the South FloriDa Water Management District and it~ successors harmless Irom any and '~ ~ o r ha bdil~es which may ar~se by reason o~ t~e const~ction, maintenance or use of the wo~ or structure mvolv~ m ;.~,c application, including all plans and specifi~tions aEach~ thereto, is by reference made a pa~ ner~f. The accedence of this ~it. hereby agr~s tha~ he shall promptly ~omply with all ordain of the District and shall alte~. : ~ n~s use solely at ~s expense m a nmely f~hion. Pe~i~ shall comply with all la~ and roles admm~s[er~ by ; .~ rind does not convey to pe~m~ any p~ope~ dg~ts no~ any Hgh~ Or gqviJ~ge$ Other l~an those s~ec~li~ he,em. ~ 2e~m~tt~ from comolymg w~t~ any law. regulation, o~ t~uimme~t aff~ti?g l~e ~g~ of other ~otes or agencies. a nd wo~s ms~ll~ by ~ hereunder shall remain the pm~ of the pe~i~. .<~ ~ ued by fha Oislrict as a license ~o use or ~cu?y District ~orks o~ la~ds. It does not create any r~g~t or entitlement. ~-=~ unable, to me contmu~ use of the Distnct wor~ ~t lands. Since this ~i~ ¢On~ no right to ~e ¢ontmu~ use works or lands. ~e District is under no obligation to transfer this permit to any subs~uent ~a~. By acceptance of :~ perm~ee exoressly acknowl~ges that the ~mi~ ~am all risks of Io~ ~ a result of ~ev~tion of this ~OSED. WILL BE COMPLIED ON OR BEFORES[y 3[ 19 93 othe~ise, t~s ~it is void~ and all rights re automatically cancell~ unl~ an extension Io the ~nst~chon ~d~ is a~pli~ for and granl~. CONDITIONS - (on r~eme side of ~it) '~C~TIONS {SPECIFIC LIMITING CONDITIONS] ARE ~ FOLLOWS: . C. R.E. ~nson, Jr., P.E. . ~le, ~ntes ~d ~s~latem P.O. ~x 1586 ~ples, Flori~, 339~9 :;, WITH THE CLERK OF THE SOUTH ·: ;-: ~, 'I~ATER MANAGEMENT DISTRICT .L:7,,..-: SOUTH FLOR'IDA WATER MJ~I~-'~ _ ~4-~...,-, , D'STR'CT' aY 'TS OVER Nit' !. ,.... J dUL 2 8 ~ J '~'11 IIII " - III IIIIII ............ IIIII I II IIIII -IIIlllll llll .............. ~ :'.:er MOD 9441 :;',v UtiLities Division CONDITIONS ARE AS FO!-I OWS: .; PERMIT IS ISSUED BY THE DISTRICt AS A LICENSE TO USE OR iCUPY DISTRICT WORKS OR LANDS, IT IS REVOCABIF. BY THE 7RICT FOR CAUSE FOR THE REASONS STATED IN DISTRICT RUI .L34I, -FLORIDA ADMINISTRATIVE CODE. THE PERMITrEE '~ y · ~, -ESSL ACKNOWLEDGES THAT THE PERMTITEE BEARS Al.I- RISKS i.OSS AS A RESULT OF REVOCATION OF THIS PE.RMIT, SOUTH FLORIDA WATER MANAGEMENT DISTRICT IS NOT ~ONS~LE FOR DAMAGE TO INSTAl .I ATIONS LOCATED WITHIN ITS ITS OF WAY. 'Z,IITYEE SI-L~T.T. BE RESPONSIBLE FOR THE REPAIR AND/OR. '7~ I~XCEMENT OF EXISTING FACTI-ITIES LOCATED W1Ttt]N THE SOUTH '~ RIDA WATER MANAGEMENT DISTRICTS RIGHTS OF WAY. '~Y ADDITIONAL FACILITIES OR ALTERATIONS TO EX/STING 'CII2'TIES WYYHIN THE SOUTH FLORIDA WATER MANAGEM]ENT /iTkICUS RIGHTS OF WAY Wl'r.I. REQUIRE A MODIFICATION OF THIS · AMIT. ',,NAL RIGHT OF WAY DISTURBED DURING CONSTRUCTION, ,:.;STALLATION AND/OR MAINTENANCE OF THE AIJTHORrZ~D ,.crrn~ st-~.~, s~. r~WOrU~D ?O OrUo~AL 0.R__S..._~_.._a CONDrHO~ "'lIFE PERMITTEE. ': ?,MTITEE IS SOLELY RESPONSIt3LE FOR ANY RELOCATION(k) WHICH '~.'..Y BE REQUIRED AS A RESULT OF TI-IIS AUTHiORIZATION. L~i,2EWISE,..THE PERMITrEE IS RESPONSIBLE FOR ANY NOTIFICATION O R COORDINATION WI'PH THE OWNERS OF PREVIOUSLY PERM1TI3ED FACE._rI'IF~ LOCATED WITHIN THE DISTRICTS RIGHTS OF WAY. PERMrI'rEE RECOGNIZES THAT IN AN EMERGENCY SITL~ATION ANY OR ALL PERMrUI'ED ITEMS wrrHIN THE DISTRICTS RIGHT OF WAY ARE SUBYECT TO IMMEDIATE ALTERATION, MODI~CATION OR !~EMOVAL BY DISTRICT FORCES. ANY DAMAGE RF~ULTING THEKEFROM IS NOT THE RESPONSIBILrrY OF THE DISTRIC1~. ~UL 2 8 ,.2~ i [ i,.. ?,I;' ~.jtilhies Division '"i' OF THE PERMIT PACKAGE %VII.I. BE KEFT AT THE JOB SITE · COMPLETION OF Al.l. PHASES OF CONSTRUCTION. ::'TFEE RECOGNIZES THAT UPON THE SAI_F~ OR TRANSFER OF THE :!,',TY, IT IS THE PERMTFI~E'S RESPONSIBILITY TO INFORM THE OWNER THAT A PERMIT EXISTS AND THAT IMMEDIATELY ' '3WING THE SAIF. OF TH3E PROPERTY, A REQUEST FOR :FER OF SAID PERMIT MUST BE SUB~D TO THE DISTRICT. ()F PROPOSED FORCE 'MAINS SI-I~I~T~ ALIGN WITH pIT.FS. OF i ~G ADJACENT CROSSING. ..~hMBER ELEVATION OF PROPOSED PU.F.-SUPPORTED FORCE ; St{AI-I. BE SET AT 17_~ NGVD. "ERMITTEE SH~I .I. PLACE HIGH VISIBILITY REFLECTIVE DEVICF_~ ',TERIAL ON BOTH FACES OF THE AUTHOR 17.ED PU .1=. SUPPORTED 'iNG. SAID REFI.ECTIVE DEVICES OR MATERJAL ~.I. BE 'ED SO AS TO BE SEEN FROM THE WATER AND SHAI 'RDANCE WTFH DOT INDEX NUMBER 600, SH]EET 6, CODE 'OM 3R', · 7-b\CH REFLE~ DEVICE OR MATERIAL INSTAl.I ATION BEING :i9XIMATELY I FOOT BY 3 FEET AND HAVING A SURFACE.AREA ~) SQUARE INCHES OR LARGER. ·' .ECTIVE DEVICES OR MATERIAL SHAI.LBE PLACED ON BOTH TH~ :'2EAM AND DOWNSTREAM FACES OF AI.I. PU]=S WITHIN ~ ;NEL. -~.IKEV~SE, THE UPSTKEAM AND DOWlq~ FACES' OF'- ' :~'H SPAN OVER THE CHANNEL SHALL BE EQUIPPED wrrH '~IJECTIVE DEVICES OR MATERIAL. REFLECTIVE DEVICES OR '.ERIAL SHALL BE AFFIXED TO PII]=-S WITH TH:E~I~NG AXIS '':;TEIi}. VERTICAI.I.Y MIDWAY BETWEEN TH]E NORMAL WATER '~-d;ACE EI.~VATION AND THE LOW MEMBER ELEVATION OF TIlE JACENT SPANS. REFLECTIVE MATERJAL SH~!-I-BE AFFIXED TO TH]E '..,,NS MIDWAY B~EN prI.l~_. BENTS wrrH THE }.~)NG AXIS IENTED HORI?~)NTAI I.Y AND WITH TH~ LOWER EDGE NOT MOR~ i<kN 1 INCH OF THE BOTTOM OF THE BRIDGE LOW MEMBER. E PERMrITEE IS RESPONSIBT-E FOR THE INS'rAT-!ATION, '.. !NTENANCE AND KEPLACEMENT OF THE REFLECTIVE DEVICES OR JUL 2 Permit Number MOD 9441 Collier County Utilities Division July 9, 1992 Sheet 4 of 4 13. CANAL FLOWS SHALL IN NO WAY BLOCKED DURING CONSTRUCTION. BE RESTRICTED IMPEDED OR 14. TURBIDITY SCREENS SHALL BE USED DURING CONSTRUCTION AND RESTORATION OPERATIONS. 15. ALL WORK SI-iAI J. BE IN ACCORDANCE WITH APPLICABLE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGLII..ATION'S TURBIDITY CONTROL STANDARDS, METHODS AND REQUIREMENTS. 16. THE PERM1TI'EE S~ALL PILACE SOIL CEMENT BAGS AROUND EACH APPROACH PiPE AND THE BAGS SH. AI J- EXTEND TO THE MEAN WATER LEVEL ELEVATION (7.6' NGVD). 17. I]gSURANCE COVERAGE IN THE AMOUNTS ATTACHED INSURANCE SCttEDUI.R SHAI J. THROUGHOUT THE lIFE OF THIS PER_MIT. OtflI,fNE ON BE MAINTAINED 18. DISTURBED AREAS WITHIN THE RIGHT OF WAY WIIJ, BE GRASSED WITH BAHIA SOD, AND PEGGED AS REQUIRED, UPON COMP! .RTION OF CONSTRUCTION OF THE AUTHORIZED FAC2II'IES. 19. Al' .I. MATERIAL AND DEBRIS SHA1.1. BE COM2=! .RTELY REMOVED FROM THE SOUTH FLORDA WATER MANAGEMENT DISTRICT'S CANAL AND RIGHTS OF WAY. 20. 21. PERMITTEE SHALL NOT PERFORM ANY VEHICIR MAINTENANCE ACWIVI'ITES OR REPA.ER. OF VE~IJ"/"~I.¢~S WITHIN THE RIGHT OF wAY; NOR SHALL ANY SUBSTANCES AND/OR PARTS ASSOCIATED WITH THE REPAIR AND/OR MAI]qTENANCE OF .ANY VEHICT .PS BE USED, STORED, OR DISCARDED WITHIN. TIlE RIGHT OF WAY. ." THE USE OF THE DISTRICT'S RIGHT OF WAY FOR ACCESS, AS A HAUL ROAD, STORAGE AND/OR PARKING OF EQUIPMENT OR CONSTRUCTION TRAILER(S) OR."THE REPAIR/~NANC-~ OF VEHICI.ES/EQUIPMENT IS NOT AUTHORIZED BY TH:IS PERMIT. 22. PERMITTEE SI-iAI J. CAREFULLY REMOVE AI J. EXOTIC VEGETATION FROM WI'It-tiN THE DISTRICT'S RIGHTS OF WAY THROUGHOUT TH2 LIMITS OF THE PROJECT AND KEEP ~ RIGHT OF WAY FREE OF SALT) VEGETATION THROUGHOUT THE 1JFE OF THIS PERMIT. t---~.2:,T,."T~,;. ~'-"'~ I JUL2812~: i I SCILE IN FEET SCALE:: 50' EX..ESS SPOIL MATERIAL TO BE DISPOSED OF AT COUNTY FILL STORAGE SITE FOR FUTURE ROAD CONSTRUCTION PROdECT. NOTE: CONTRACTOR TO PROVIDE AND MAINTAIN TURBIDITY CURTAINS DURING CONSTRUCTION AND RESTORATION OPERATIONS. PROVIDE STRAW BALES AROUND ALL SPOIL AREAS. IMMOKALEE -- PROPOSED ,o' u,urr SPOIL AREA EAsr_~r~r / IN UPLAND AREA ,~ ,,,,._ NORTH CANAL 45' 0" F.M. C~AL SPOIL AR~ 6" E.P. IN UP~ND~ AREA N A.R.V ~. ~ SOUTH CANAL N 5 P~CES ~ R/W ~ ~tr ~s' E~O~ ~T.O.a. - ..... +~ ~t.[t~. ~ ..... ..................... F~-,, ,[:t,:~. i,,:1 75 LF. EXISqNG 20"F.M.-~ / [ /-75LF. 20"FM. ' ' GUARD · ' '~P-~P.V- - ' .... - - RAIL .. I '.*.-:.*, i --., - i 1 -- 20"~0" ~E~ ! ~O~ER COUN~ ~;~ ........ I ~1~'~'~_ AERIAL CROSSING AN~) LUMP SUM:; PAY ITEM ' ~-~-~.NG~H AS SPfC. · n.-I · L~J _J : O O '~a r,.J, : 0 PROPO'SED: : 16" E.P. ~ DUCTI_E IRON LOI~O SPAN PIPE ....................... ~- DIA. CLASS 54 16" 20" DIA. 'CLASS 55-, 3.0' ' 22.0' 24.0' 1: 5' ~FAN OUAF~D iARV (;) ! S.O'I ~PLACES ~ F AND DOWNSTREAM SIDE OF' AERIAL CR M.W.L. ELL= 7.6:J:: PROPOE 22 Z_d lz lB" E.P. I m Tx ~ 2 EXISTING, GRADE L _C_.(M~NT BAGS 2.=0_0, AROUND EACH PIPE (TYP. EACHI END) -12 NOTE: PIPE INVERTS EL. 23.0 FLORIDA WATER I MANAGEMENT DISTRICT : ALL ELEVATIONS BASED ON N.O.V.D. 1929 ' ~CROSS SECTION DRAWN ! LOOKING WEST ' i G> IMMOKALEE ROAD sTATION 250+004' HORIZONTAb SCALE 1" ' 10' VERTICAL ~CALE 1" =: 10' t---~ OLLI ER COUNTY WATER-SEWER DISTRICT J. OI:~LI. SIC! ~3/AqS-~':I LV/A A.LNFIO0 ~3FT'IO0 ~3Cl¥~dO ONI£$1X3 ! i "~V~LSNMOO o NO ~aVJ. I t ,o'~ (~) 'A'~'V ! NV. .0'~ J t'ID 'via =FoO+Og~ NOLLVLS OVO~ 33'!.V~On~i ~ · ~ £$3M 9NINO0'I ~VEIO NOU_O.3S SSO~IO ! I I ~ O'~$OdO~d ~SSO~lO 'IVI~I§V ~ : ; ,g't ! 3 ~0.~ JUl 28:'"""' 01t4' 'M'...-L,43 .gL '11'.J .0] ~NNOO ~moo ~ oo q-iV:DS -iV:31.L ~qA ,0~ '= ,0 L = ,.1. 39V3S ]VJ. NOZI~OH . ; '~'3 ,,0~ G3SOaO~d i dld H3¥3 ONnO~lV .;0¥8 .LNgiqgD qlOS , t ONI$$O~J:D -I¥1~]V _JO 21OIS ~V3~U. SN/¢.O0 ON¥ PIvg~LLSdn -t J NO 3c~l 3AULO39J3U ! J i '33dS SV HLC,N3-1 ' I 1 I 'd'3 ,,gL ! 'C]3SOdO~d ! ,O'~:i '¢¢. SSV'13 'via[ ,,9 I.-gg ssV"13 'rio r~,-;. AUTHORIZING: SFWMD PERMIT NO. 9552 (NON-ASSIGNABLE) February 13, 1992 ,DATE ISSUED 16" D.I.P. PILE-Sb-PPORTED WATER MAIN CROSSING THE COCOHATCHIE CANAL LOCATED APPROXIMATELY } (.5) MILE EAST OF THE CtlqTERLINE OF COMSZ]SRCIAL DRIVE. LOCATED IN COL:.I~ COUNTY, SECTION 20 TWP. 4Rs RGE. 2'=r ISSUED TO: (owner) Collier County Water-Sewer.District 2800 Nort~ Horseshoe Drive Naples, Florida 33942 Attn: Fred Bloetscher, P.E. 92-0102-1 December 19, t9 91 am'd This permit is }ssue~ pursuant tO Application NO. .dated permittee's agreement to hold and s.ave the South Florida Water Management District and its successors harmless from any and all damages, c!aims or dab,lities which may arise by reason of the construction, maintenance or use of the work or structure involved ,n the Permit. Said application, including all plans and specifications attached thereto, is by reference made a pad hereof. The permitte~, by acceptance of this permit, hereby agrees that he Shall promptly comply with all orders of the District and snail alter. repa,r or remove h,s use solely at his expense in a timely fashion. Permittee shall comply with alt laws and rules a~mfn,stered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those soecified here,ri. nor relieve the permittee from complying with any law. regulation, or requirement affecting the rights of other bodies or agenc:es. All structures and wor~s ins:ailed by permitIee hereunder shall remain the proper~y of the permit'tee. This perm it is issued by the District as a license to use or occupy District works or lands. It does not create any rig ht or entitlement. either legal or equitable, to the continued use of the District works or lands. Since tn,s permit conveys no right tO the continued use of the District works or lands, the District is under no obligation tO transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risks of loss as a result of revocation of this perm,t. WORK PROPOSED. WILL BE COMPLETED ON ORBEFORF 2/29 19 93 other'wise, this permit is voided and alit,grits' thereunder are automatically cancelled unless an extension to the construction per,od is applied for and granted. 12 LIMITING CONDITIONS - (on reverse side of permit) SPECIAL CONDITIONS (SPECIFIC LIMITING CONDITIONS)ARE AS FOLLOWS SPECIAL CONDITIONS ON ~ ATTACHED SHEET ARE A PART OF THIS DOCUM~. c. Laurie Swanson, P.E. Agnoli, Barber, and Br~ndage, Inc. 7400 Tamiami Trail North Naples, Florida 33963 FILED WITH THE CLERK OF THE SOUTH FL ORIO A WATER MANA G E MENT D 'STR'CT Permit Number 9552 Collier County Water-Sewer District February 13, 1992 Sheet 2 of 4 SPECIAL CONDITIONS ARE AS FOLLOWS: o o o o o THIS PERMIT IS ISSUED BY THE DISTRICT AS A LICENSE TO USE OR OCCUPY DISTRICT WORKS OR LANDS. IT IS REVOCA~BLE BY THE DISTRICT FOR CAUSE FOR THE REASONS STATED IN DISTRICT RULE 40E-6.341, FLORIDA ADMINISTRATIVE CODE. THE PERMITTEE EXPRESSLY ACKNOWLEDGES THAT ~HE PERMITTEE BEARS ALL RISKS OF LOSS AS A RESULT OF REVOCATION OF THIS PERMIT. THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IS NOT RESPONSIBLE FOR DAMAGE TO INSTALLATIONS LOCATED WITHIN ITS RIGHTS OF WAY. PERMITTEE SHALL BE RESPONSIBLE FOR THE REPAIR AND/OR REPLACEMENT OF EXISTING FACILITIES LOCATED WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S RIGHTS OF WAY. ANY ADDITIONAL FACILITIES OR ALTEP~ATIONS TO EXISTING FACILITIES WITHIN THE SOUTH FLORIDA WATER MANAGEMF_2Vf DISTRICT'S RIGHTS OF WAY WILL REQUIRE A MODIFICATION OF THIS PERMIT. CANAL RIGHT OF WAY DISTURBED DURING CONSTRUCTION, INSTALLATION AND/OR MAINTENANCE OF THE AUTHORIZED FACILITY SHALL BE RESTORED TO ORIGINAL OR BETTER CONDITION BY THE PERMITTEE. PERMITTEE IS SOLELY RESPONSIBLE FOR ANY RELOCATION(S) WHICH MAY BE REQUIRED AS A RESULT OF THIS AUT}{ORIZATION. LIKEWISE, THE PE~'~ITTEE IS RESPONSIBLE--FOR--ANY--NOTIFICATION- OR COORDINATION WITH THE OWneRS OF PREVIOUSLY PERMITTED FACILITIES LOCATED WITHIN THE DISTRICT'S RIGHTS'~OF WAY. PERMITTEERECOGNIZES THAT IN AN EMERGENCY SITUATION ANYORALL PERMITTED ITEMS WITHIN THE DISTRICT'S RIGHT OF WAY AP.E SUBJECT TO IMMEDIATE ALTERATION, MODIFICATION OR REMOVAL BY DISTRICT FORCES. ANY DAMAGE RESULTING THEREFROM IS NOT THE RESPONSIBILITY OF THE DISTRICT. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF CONSTRUCTION. Permit Number 9552 Collier County Water-Sewer District February !3, 1992 Sheet ] of 4 CORRECTED COPY 9 · PERMITTEE RECOGNIZES THAT I/PON THE SALE OR TR3kNSFER OF THE PROPERTY, IT IS THE PERMITTEE'S RESPONSIBILITY TO INFORM THE NEW OWNER THAT A PERMIT EXISTS AND THAT IMMEDIATELY FOLLOWING THE SALE OF THE PROPERTY, A REQUEST FOR TRJkNSFER OF SAID PERMIT MUST BE SUBMITTED TO THE DISTRICT. 10. PILES OF PROPOSED WATER MAIN SHALL ALIGN WITH PILES OF EXISTING ADJACENT CROSSING. 11o LOW MIiM'BER ELEVATION OF PROPOSED PILE-SUPPORTED WATER M3k'IN SH3kL~L BE SET AT 19.5' N.G.V°.D. OR HIGHER. 12. THE PERMITTEE SPIA~LL PLACE HIGH VISIBILITY REFLECTIVE DEVICES OR MATERIA_L ON BOTH FACES OF THE AUTHORIZED PILE- SUPPORTED CROSSING. SAID REFLECTIXrE DEVICES OR MATERIAL WiLL BE PLACES SO AS TO BE SEEN FROM THE WATER AND SPIA~ BE IN ACCORDANCE WITH DOT INDEX NUM]B~ 600, SHEET 6, CODE "OM 3R", WITH EACH REFLECTIVE DEVICE OR MATERIAL INSTALLATION BEING APPROXIMATELY 1 FOOT BY 3 FEET AND HAVING A SURFACE AREA OF 430 SQUAiLE INCHES OR LARGER. REFLECTIVE DEVICES OR MATERIAL SHALL BE PLACED ON AT.T. PILES WITHIN THE CHANNEL ON THE UPS~ AND DOWI~ST~ FACES OF THE BRIDGE. LIKEWISE, THE UPSTRF_3%M AND DOWNSTREAM FACES OF EACH SPAN OVER THE CHA/qNEL SHALL BE EQUIPPED WITH REFLECTIVE DEVICES ORMATERIAL. REFLECTIVE DEVICES OR MATERIAL SHALL BE AFFIXED TO PILES WITH THE LONG AXIS ORIENTED VERTICALLY MIDWAY BETWEEN THE NOR/WA_L WATER SUR3ACE ELEVATION AND THE LOW MEMBER ELEVATION OF THE ADJACENT SPANS. REFLECTIVE MATERIALSHJkLL BEAFFIXED .... TO THE SPANS MIDWAY BETWEEN PILE BENTS WITH THE LONG APfIS ORIENTED HORIZONTALLY AND WITH THE LOWER EDGE NOT MORE THA/~ 1 INCH OF THE BOTTOM OF THE BRIDGE'LOW M~ER. THE PERMITTEE IS RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE AND REPLACEMENT OF THE REFLECTIVE DEVICES OR MATERIAL AS NEEDED. 13. INSURANCE COVERAGE IN THE AMOUNTS OUTLINED ON THE ATTACHED INSURJkNCE SCHEDULE SHALL BE MAINTAINED THROUGHOUT THE LIFE OF THIS PERMIT WITH THE .DISTRICT BEING SUPPLIED WITH RENEWAL NOTICES, AS APPLICABLE. Permit Number 9552 Collier County Water-Sewer District February 13, 1992 Sheet 4 of 4 14. 15. 16. DISTURBED A/LEAS WITHIN THE RIGHT OF WAY WILL BE GRASSED WITH BAHIA SOD, AND PEGGED ON BANK SLOPES, UPON COMPLETION OF CONSTRUCTION OF THE AU~ORIZED FACILITIES. PERMITTEE SHALL CAREFULLY REMOVE ALL EROTIC VEGETATION FROM WITHIN THE DISTRICT'S RIGHT OF WAY THROUGHOUT THE LIMITS OF THE PROJECT ~ KEEP THE RIGHT OF WAY FREE OF SAID VEGETATION THROUGHOUT THE LIFE OF THE PERMIT. RIP-P~AP SHALL BE PLACED BENEATH THE PIPE FROM TOP OF BANi.< TO THE MAINTAINED WATER ELEVATION. · ,i ,l~iH! ' :~;! ~= i'~ - · ~, ,.: {: ~: ;ir {:i~ 'i- t JUL 2 8 1-3:.3 ..:ii:{ PERMIT NO. 10045 Transferred 1/05/S6 (NON-ASSIGNABLE) FEBRUARY10, 1994 DATE ISSUED ,..~,~.~-,, ~c'~.~-~0' C.M.P.'3) LOCATED a~ NORTH~-~, A 12" BUPJED.FORCE MAIN AND A 12" BURIED WATER MAIN CROSSING WITHIN THE EAST AND WEST FACE OF THE CULVERT BRIDGE (RESPECTIVELY}, AND-A 18" R.C.?. AT THE NORTHWC'3T QUADF,~NT OP" '~HE CULV~'T-~ff3~, ALL LOCATED wiTHIN THE COCOHATCHEE CANAL RIGHT OF WAY. (STATION 179+10) COLDER COUNTY, SECTION 19 TOWNSHIP 48S RANGE 26E ISSUED TO: (OWNER) QUAIL WEST LTD. 6289 BURNHAM ROAD NAPLES, FLORIDA 33999 *FhA permit is ir~sucd pumuant to Appr,:adon No. SUPERSEDES PERMIT 9910 dated BATED JULY 15. 1993 and permittee's agreement to hoM and save ~e South F"~dda Water Management D~tr~:t and its ~uccessors harm~es-~ from any and ail damages, ctaims or Ea b~TdSes which may ~[r'~e by reason of~e consb'~JC-bon, maintenance or use of the work or str-,Jcture invoN'ed In the Per'mit. Said appfic~tJon, including a~ plans and ~pec~fic.~tions att:ached thereto, ~ by relerence made a part hemof.'The perrnlttee, by acccp~nce of Lhis permit, h~reby agree= l~'~t he ~h~ promp~,f comply ~ al orders ol'the Di~'~ct and shal~ alter, repair or remove his trse r~o~y at hi~ e×pense in a ~.mely ~ t, hton. Pet'm~ee r,J'~l~ comply w'~ ag ta~s and r~s adml~i~-tered by the Di~t3'ict. Th~ perm,'t does not convey to per'mi'Cee any property r'~ hts nor any r~h~ or pr'N,i~g es other than thos.e specif~d herein, nor relieve the pecmil~ee from c~mGb'i~g wCh any law, regubt~n, or requirement affecQng L~e rights o~ other bodies or agencies. ,A~ sb'"uctur'es and works tns~d by perm~ce hereunder ~h~ remain the pmpert'! o~ the permittee. Th~s permit is ;.-.sued by the O~st.d~ as a Ecense ~3 use or occupy Oi~m:t w~rks or Lands. It does not c~eate any fight or entJbement. either ~e,;;zl or equd;lbl~, lo the c~n~nued u~e o~ the D[str~-t werks or hnds. S~ce ~ pe~R conveys no ~ht to ~e ~n~ued use of ~ D~ ~ or L~nds, ~e D~ ~ under no ab~a~n to ~nsfer ~ pe~ ~ any subsequent pa~. 8y accep~n~ of ~ pe~f~ ~e pe~e expm~s~ a~o~ges ~t ~e pewee bears a[ ~k of ~ss as a msu~ of myosin of ~ pe~ WORK PROPOSED, W1LL BE COMPLETED ON OR BEFORE FEBRUARY 29, 1995 obherwis.e, thi's permit i~ void and all n<;hts ~'~r~under ar~ au't, cmaSc~l~y cance~d unless an ex'tension to the cor*'-~"uc'Jon pedod ~ app~ed for and granted. 12 LIMCT1,qG CONDrT}ONS - (on reverse ~Jde of perm,) SPEC:AL CCNCr'DOHS (SP.~I~ LIMITING CONDmONS) ARE AS ,COLLOW~: SPEC:AL. CONDITIONS ON THE AT'I'A/SHED SHEET A.P,E p,t',~T OF THIS DOCUMENT. C: GEORGE H. HERMA.NSCN, P.E. HOLE, MONTES, & A,.SSOCL~TES, INCORPORATED 715 TENTH STREET SOUTH, P.O. BOX 1586 NAJ=LES, FLORIDA 33939 FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON /'2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD F~ ,..-~..~. .'T ~;'-. 2 .... Sec~tary ~ · - Exhibit "H" pEp2z,.Z? Z'F%'"-EE---. L?" - -- PAGE 2 C'F '5 SPECi:-r, CC.k~.iTZC"NS .'-_=.E AS FOLLOWS: .~=='X~T,-,- .... F~COF~ ~-z,.._ ENCLOSED "NO~ZCE OT ===,.fzm iN OFFiCiAL ?U=~='~ RECO?~S O~ THE CO~f CLERKS OFFICE FOR COLLIER Wi%4iN %~f(~0)DAYS OP ~;E RECEi=m OE ~:iS u=~Tm =~C'Z:G PEPa~EE =U~L ...OV_D_ EITHER ~;E ORiGiNA% OR ¢. CERTiP COPY OP ~;E P~COP~ED 'NOTICE OE .~M_T TO THE RIGHT OF WAY Di%%SZON, DEPA_R~ OF ~=N~ ~=NAG~N~, SOU~i FLORIDA WATER ~AGE~ DZS~.iCT, POST OFFICE BOX 24680, ~ST PA%M BEACH, = uOz,_D~. 334!6-4~80 . ~;iS PEP~iT iS CO~iNG~ UPON ~iE COMPLIA~fCE WiTH ~iE ~r_~_~ CO~4~iTiON. PAiL~ TO PROVIDE PROOF OF ~iE ~COP~iNG "OF-'~--"NOTICE OF PE~T' WiLL ~S'~T IN ~ P~T 'BECO~NG I}~%ID ON iTS O~ ~S, THE ~OV~ OF A~ EXISTING FACiLiTIES r~%EIN ~ RIGHT OF WAY, RESECTION OP ~ RIGHT OP WAY ~ ~iE DZS~ICT'S SATISPACTICN, AT ~E PE~iTTEE'S EXPENSE, A~ TEE POSSIBLE ASSESS~ OF CIVIL PENA%TIES OF UP %Q St0,000.00 PER DAY. o pEp~MiT~E.~_E PSCOGNiZES T~.LkT UPON Ti~.-E SALE OR ~SPER OF %~E PROPERS, iT iS ~E PE~i~EE'S RESPONSiBILI~ ~ I~O~ N~W O~R %E~.T A PE~iT EXISTS A=N~ %<~T I~DiATELY FOLLOWING ~E S~%E OP ~iE PROP~,~, A P~Q~ST FOR ~ISPER OF SAiD PE~T ~dST BE S~%~ED TO %~E DIS~ICT. ~ SO~i FLORIDA WA~ ~AG~ DIS~iCT IS NOT ~SPONSiBLE FOR D~.GE ~ iNST2~.TIONS LOCATED Wi~iIN ITS RIGHTS OF 'WAY. P~i~EE S~L BE ~SPONSIBLE FOR ~ ~P.~R ~P~.C~20E EXISTING FACiLITiES L~ATED WITHIN ~ SOU%E FLORIDA WATER ~AG~ DiSTRiCT'S RIGHTS OF WAY. ~ ~DITION~ FACILITIES OR .~, ..... ION ~ EXiSTiNG FACiLiTIES Wi~iiN ~iE SOU~ FLORIDA WATER ~=~=NAG~ DISTRICT'S RIGHTS OF WAY WiLL PSQUi~ A MODiFICATiON OE ~iS PE~iT. C~ RIGHT OF WAY DIS~ED DU~,iNG CONSTRUCTION, iNST~%LATION A}~/OR F~.Z NT EN~'C E OF THE AUTHORIZED FACiLI~ SPOIL BE ~S~D ~ ORIGiNA% OR BE~ER CO~iTION BY THE PErigEE AT HiS SOLE EXPENSE. pu~T~== TS SOLELY RES~ONZIBLE FOR ~ ~'LOCATiON(S) M~'f BE REQUIP~D AS A RESULT OF THIS AUTHORIZATION-' LI~,4iSE, %~E PEkM!TTEE IS RESPONSIBLE FOR ~ NOTiFICATiON OR COO~iNATiON WITH THE OW%ERS OF PR~IOUSLY BEfiTTED FACiLITiES LOCATED WITHIN THE LISTRZCT'S RIGHTS OF WAY. · JUL 2 .--EF_'.!ZT :'F%,!EEE LCO4E FEBRU.~-=,Y 10, i974 PAGE 3 OF 6 PEP2diTTEE RECCGNiZES T?LAT IN A=N EPfERGENC¥ Si~ATiON A=N-f OR ALL PEF~iTTED iTLM_S WiTHiN THE DiSTRiCT'S RIGHT OF WAY ~-RE SUBJECT TO i~DiATE ?-_LTER.ATION, MODiFiCATION OR P~-MOVAL FORCES. 22Fl DA. MA. GE RESULTING T~.;EREFROM IS NOT THE - RESPONSiBiLiTY OF T!-..'E D!S~.ZCT. A COPY OF T~.iE PiP,MiT PACKAGE WiLL BE KEPT AT T?:E JOB SiTE D%~TIL COMPLETION OF ALL PHASES OF CONSTRUCTION. I0. !i. ~_LL WORK SHA. LL BE IN ACCORDA_NCE WiTH APPLiC~_BLE STATE OF FLORIDA, DEPA3.~ OF F2qV-/RO~AL R.EG~'LATION'S Tb-RBiDi'.7"£ CONTROL ST.~.NDA_~dDS, ~TI-.iODS AI~D REQUIP~TS. : T?iiS RIGHT OF WAY OCCUPANCY PER/fIT I.q NOT VA_LiD WITHOUT A CONCUP3~-~ iSSUeD SUP~FACE WATER .... M.~/~AGElV~lqT - FROM T!-..'E D_ST?,IC~ S DEPA-~,--~5~EN? OF P_EGIiLATION. 12. 13. PER-MiT SPiALL NOT BECOME VALID UNTIL PERMITS HA.V'E BEEN OBTA~D FROM OTHER AGENCIES AS REQUIRED. THE PER.MiTTEE S~L~_LL COMPLY WiTH A1N-Y MORE STRINGENT CONDiTiONS SET FORT~,i iN OT~.ZER PEP/~.!TS iF REQUIRED BY OTHER AGENCIES. iNSURA/~CE COVEFtAGE IN Tk-E A_MOO-NTS OUTLINED ON THE ATTACHED INSURANCE SCHEDUT,E SHALL BE MA_INTAINED THROUGHOUT THE LiFE OF ~i~HiS PERld. iT WiTH T?;E DISTRICT BEING SUPPLIED WiTH 'P. EI~FE'_WA_L NOTICES, AS APPLICABLE. 15. PER~MZTTEE SPL~_LL PLACE REFLECT_,-V'E DEV-/CES, SUCH AS, BUT NOT LI.M_iTED TO P~FLECTORS OR REFLECTIVE TAPE OR OTHER SIMILAR HiGH VISIBILITY ~.TERiAL ON THE AUTHORIZED Cb'LVERT BRIDGE WHICH CAN' BE SE~--N FRCM THE WATER COLUPfN. PER/Z_!TTEE iS RESPONSIBLE FOR REPLACING ~.~.-iE REFLECTIA;E DEVICES, AS NEEDED. 16. I~XS/ERT ELEVATION OF PROPOSED_~ 8" CULVERT SF,~_LL BE ~¢-~, AT 9.50 ' N.G.V.D. OR LOWER. 17. PEP~MiTTEE iS REQUIRED TO P.RE~FENT DISCHARGE OF DEBRIS OR AQUATIC WEEDS INTO THE CANAL. THE DISTRICT MAY REQUiF. E CONS?RUCTION A_NID MAINTENANCE OF A WEED BA3tRIER TO PRECLUDE TPiE DISCHA-RGE OF WEEDS OR DEBRIS. 18. A2~-f EROSION ANID/OR SHOALING RESULTING FROM THE INSTALLATION A_ND/OR OPEP~.TiON OF ANY OF THE AUTHORIZED FACILITIES SF. ALL BE COP~CTED BY THE PER,MI TTE E TO THE SATISFACTION OF THE DISTP, iCT, AT THE PER_MITTEE'S SOLE EXPENSE. PAGE 4 OT ~ =,~u~v.~,~_ TO ~='=~..- COST O~ m==..._ AU~:ORiZED WORK, '~m nH:r.L NOT RELEASE SFI~ U%[TiL SUCH Ti~ AS THE SOUTH FLORIDA >iATER ~C:MAG~h~ DiS~iCT ACCEPTS ~:E COMPLETED 20. 21. 22. A MiNi.~.~]4 OF 5 BUS!FFESS DAYS PRIOR TO THE S TA-:,T OF CONS%/?,UCT iON OF THE FIRST P F~.S E OF. THE CU-~VERT BRIDGE ......zbtS ~A,m-zON' ........... ~iE D=DMTmm== S~LZ%L CON~ACT ~,. DOUG ~NA~N-K OR ~.. C~SNCE T~_RS OF ~:E BiG CYPRESS BASIN [(813) 597-150=] TO NOTIFY ~:E BASIN OF ~:E I~%~ED ST2~TiNG DATE. iF, iN C, PiNiON OF ~ BASIN, ~:E ST~,T OF CONS~UCTION WOU~D ~.%~ ~N' A~RSE iMPACT ON ~ ~ILI~Z OF ~:E BASIN ~ OPE~TE ~_~ZF~AZN ~ZE CAMA~, ~ BASIN ~SER%~S THE RIGHT ~ ~QUi~ THE DELAY OF ~;E ST~T OF CONS~UCTiON. A ~X~Ni2~4 OF 5 BUSineSS DAYS PRIOR ~ ~:E START OF CONS~.UCTiON OF ~iE FIRST P~SE OF ~lE C~RT BRIDGE T~:-~.Sm':.¢~hA~' m~_ON, ~:E PEP~i~EE S~L~%L PROVIDE ~'=,.-- BASIN Wi%E %EE ~'~ ~; PHOF~ F~%~ER OF ~NO ..... OF ~ BRZEGE COb~¢.C~R ~EEO 2~ ON 24-H0~, CA%L A~ ~iEO WiLL ~SPO~ ~ SITE IF P~OVA% OF ~ PLUGS OR O~iER ~RG~'CY ACTION P~QUI P~D. %~.BIDi~ SCPS~S SkL:%L BE USED DO~iNG EXCAVATION A~ ~NCH BACY~iLLING. 23. THE PEP=M!_'TTEE IS AUTP..iORiZED TO TL-MPORA-RiLY iNSTAi~L PLUGS iN ~ CP~N%~L TO FACiLiTATE ~E iNSTA%LATION OF .TEE C~~ =~r~E. ~'= ~P OF SAiD PLUGS S~L~L BE ON~ FOOT BELOW, OR LOW~R, ~M ~E =~VAT!ON OF ~ LO, ST ELeVATiON ~JAC~ ~ ~E PLUG. ONCE ~iE PLUGS ~A~ BEEN iNSTAlLED, %~ WOrK ON ~E BRIDGE S~L BE PROSEC~D iN A CON~iNFGOUS, WOPd~%~i~ ~N~R %%~OUGH ~ COMPLETION DELAYS OR L~CESS~Y SUSP%NSiDN OF ~:E WORK. 24. DU.-RiNG CONST?,UCTiON OF THE CO%Vi:iRT BRIDGE, THE PERMITTEE KEEP ON SiTE SUFFICIENT. EQUiP%NT TO REMOVE THE PLUGS FROM THE C.~L~iEL A2~,--D SFiA. LL L~DiATELY P~--MOVE_ THE PLUGS UPON NOT:,~= fROM A REPRES~--N?ATi'v-E C,F TItlE BASIN. 25. THE CULVERT BRIDGE WiLL BE CONSTP, UCTED TO SPECIFiCATiONS SUBMITTED OFf DRAWING SHEET 2 OF 3 AiTD REFERENCED TO THiS P E.~24i T. UPON CC'MPLETiON OF TIHE CULVERT BRIDGE THE PLUGS SPL~tL iY2~EDiATELY PULLED A2'~D THE C.:-.i~';EL RETURNED TO THE DESIGN SECTION. ,'. ;,3.' JUL 2 · 9/.,, ~ PS. FEBRUA3, Y i0, !994 PAGE 5 OF 6 27. Wi212-.i THE EXCEPTION OF THE T-/I~.POR-~-RY mLUGc NO b~S. TERi.~_L FROM THE CAi.'~AL WiLL BE STOCK-PILED iN THE CA14A. L; EXCESS MS. TERiA_L SHA. LL BE R~MOU-ED FROM THE DIST?,iCT'S RIGHT OF WAY. 28. CAliA_L SPLZ_LL BE EXCAVATED TO DESIGN SECTION, HAVING A MiNi..uiOqM OF A 35 FOOT WiDE BOTTOM WIDrfH AT ELEVATION 3.5'' NCrV!D WiTH iV TO 1.SH SiDE SLOPES; SAID EXCAVATION AREA SHALL EXTEND 25 FEET UPSTP=~EA/~ AIFD 25 FEET DOWNSTRE}I{ OF AUTHORIZED CULVERT BRIDGE WiTH 55 FOOT LONG TR~=NSITIONS BACK TO EXISTING CANAL DESIGN. 29. PEE.MiTTEE 'SHA_LiJ PROVIDE TIlE DISTP. ICT ACCESS FROM THE NORTP?-AST A~ND NORTP,-WEST QUA. DEAl{TS OF TIiE BRIDGE. SkID ACCESS SHALL BE SATISFACTORY TO TIiE BIG CYP.~SS BASIN IN. ALL RESP. ECTS. SAiD ' ACCESS MAY INCLUDE, ' BUT MAY' NOT BE LIPF/_TED-TO~'-'STABILiZED P~=MPS 15 FEET IN WiDTiH WITH SLOPES NOT STEEPER THAN 1V TO !0 H AJqD BE EQUIPPED WiTP' A PROPERLY DESIGNED AND INSTA. LLED DRAINAGE SYSTEM TO PP~mVENT BAN-K EROSION IS SITE CONDiTiONS P~EQUi.~tE 30 . T!-.~ PER~MiTTEE SHALL NOT PLACE SIGNAGE, S!GN~-L POLES, ' GU~_~dD.P_'~_rL!NG OR Ai~Y OTHER OBSTRUCTIONS W/THiN THE DISTRICT'S RIGHTS OF WAY/iNGRESS A=ND/OR EGRESS ROO-TES. 31. .~_LL CONSTP, UCTION N_ATFF-RIP-L A_NqD DEBRIS SPiALL BE COM-.PLETELY R~_~-MO%-E-D .---ROM 'I"HE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C_~.NAL A/WI) RIGHTS OF WAY AND PROPERLY DISPOSED OF. 32. DISTI/F~BED A.P--=AS WITHIN THE RIGHT OF WAY MUST BE GRASSED WITH' BA/'i iA SOD A_ND PEGGED AS ?~EQUIRED , UPON COMPLETION OF CONSTRUCTION OF TIiE AUTHORIZED FACiLiTIES. 33. 34. NEITHER TIiE PERMITTEE NOR HIS' CONTRACTORS SHALL PEP, FORM A/WY 'VEHICLE MAINTENA_NCE ACTIVITIES OR REPAIR OF VEHICLES WITHIN THE RIGHT OF WAY; NOR SHALL ANY SUBSTA~CES AND/OR PA-RTS ASSOCIATED WiTH THE REPAIR A2qD/OR MAINTENANCE OF ANY VEHICLES BE USED, STORED, OR DISCARDED WITHIN THE RIGHT OF WAY. TS. liS PE?~MIT AUTHORIZES THE USE OF THE RIGHT OF WAY AT THE BRIDGE CROSSING ONLY A=~qD DOES NOT AUTHORIZE THE USE OF THE DISTRICT'S RIGHT OF WAY ADJACENT TO THE COCOHATCHEE CA. NA.L FOR ~=%~ PURPOSE OTHER T?L~/W THOSE SPECIFIED IN Iq'liS PER_M.IT. 35. THE USE OF THE DISTRICT'S RIGHT OF WAY FOR ACCESS,' AS A HAUL ROAD, STO~.GE A_ND/OR P3_RKiNG OF EQUIPMENT OR CONSTRUCTION TP_AiLER (S) OR THE REPAiR/M. AiNTENA-NCE OF VEHiCLES/EQUiPM]ENT IS NOT AUTHORIZED BY THiS PER_MiT .... I JUL 2 $ pEP~[iT ~EA FEBRUA3,'Y !0, 1994 PAGE 6 OF 6 36. THE PEP~MiTTEE i~AS CERTIFIED THE CONDiTiON OF THE SUBJECT CUL%~RT BRIDGE W!T~.i REG~3cD TO ITS LOAD CAPACITY. IT iS THE PEP/~iTTEE'S p~SPONSIBiLiTY TO ENSb~E ',~5. L~T THE BRIDGE'S CAPACITY- iS NOT EXCEEDED. 37. PEPI~iT AUTHORIZATION EXPIRES FEBRUARY 28, 1995, UNLESS EXCISION TO THE ~XPIRATION DATE iS APPLIED FOR A~ GRA_NTED. 38. DU~ TO TP.~ DESIGN' OF .THIS PROJECT, opER~.TiONAL CONSIDERATION ~AY DICTATE T~iAT TP~ DISTRICT M~AY BE REQUiRA-D TO CLOSE O~ L~ OF BRIDGE TRafFIC TO PEP~OP~ L"~fERG~--NCY AND/OR ROUTINE : ~_AINTENA~CE. THE DISTRICT S~L ATTEMPT TO NOTIFY PERY~TTEE SUCH ACT~JITIES APuE NECESSARY; HOWEVER, FAILURE ON 'TP.~ Di~TR/CT~S p.~T_..TO.._CONTACT___TP,~ '..PE~T~FEE SHALL NOT P~S?,ICT %f~.~ DISTRICT IN Ally WAY TO GAiN ACCESS TO PERFOP=M ~z~.NT=~NA~'CE OPEi°~ATIONS. 39. WiTHiN 45 DAYS OF CO~LETION OF THE NOR?riBROOKE DR~v-E BRIDGE, THE PERMiTTEE SP~L ~DIATELY PURSUE RE~[.OV~ OF TP~ EXiSTiNG CULVERT BRIDGE LOCATED I24PSEDiATELY TO TEE WEST OF NORT~ROOKE DRIVE. SFWMD PERMIT NO. 10045 (NON-ASSIGNABLE) FEBRUARY 10, 1994 DATE ISSUED AUTHORIZING' CULVERT BRIDGE (3 - 10' C.M.P.'S) LOCATED AT NORTHBROOKE DRIVE, A 12" BURIED FORCE MAIN AND A 12" BURIED WATER MAIN CROSSING WITHIN THE EAST AND WEST FACE OF THE CULVERT BRIDGE (RESPECTIVELY), AND A 18" R.C.P. AT THE NORTHWEST QUADRANT OF THE CULVERT BRIDGE, ALL LOCATED WITHIN THE COCOHATCHEE CANAL RIGHT OF WAY. (STATION 179+ 10) LOCATED IN: COLLIER COUNT'Y, SECTION 19 TOWNSHIP 48S RANGE 26E ISSUED TO: (OWNER) ROBERT S: HARDY 4500 EXECUTIVE DRIVE, SUITE 110 NAPLES, FLORIDA 33999 This ~ermit is isz, ued pursuant to Application No. SUPE~ICEDES PEI:bMrr 9910 dated JULY 1S, 1993 and permittee's agreement to hcld and s. ave tho Sou~h Flofida Water Management Dis'a'ict and its successors han'nless from any and all da~nages, da~ms or lia.b~itJes which may n.dse by reason of tho cons~"uc~on, maintenance or use of ',,he work or s~,,"ucture involved in tho PermiL Said applic'z~Jon, [nc. Jud[ng all plans and specJfic..~tions attached thereto, is by reference made a part hereof. The permittee, by acceptance of this pen-nit, hereby agrees that ho shaJI promptty comply with all orders of the Die, tier And shall alter, repair or remove his use .s~lely ~..h_is expe0se in a fimely.fa_~hion. Permittee shall comply with all laws and rules administered by the Ois~Sct..This permit does not convoy to permittee any property fights nor any ri,"jhts or privileges other than those specified herein, nor relieve tho permittee from ccmptying with any law, regulation, or requirement a,ffec'Jng the rights of other bodies or agencies. All structures a~d works installed by p. erm!ttee hereunder r~hail remain the property of the germittee, . This permit is is. sued by the District a..s a license to uso or oc~,~py Distzicl work's or lands~ It does nat create any right or end*dement, ei'bher lecjal or equitable, to the continued use of the D/strict works or lands. Since this permit corrveys no dght to tho continued use of the Distr/cl works or lands, the D/strict is under no obligat/on to transfer this permit to any subsequent party. By aca2eptzmce of this permit, the perm~eo expreszJy acknowledges that tho permitteo beazs all dsk of loss a~ a result of revocation of this permiL WOIAK PROPOSED, WILL BE COMPt..b--FED ON OR BEFOFLE FE3RUARY 28, 1995 otherMse, this permit is void and all dghts thereunder are amomatic~Jly c:~celed unless an e~ensJon to tho construction period is applied for and granted. 12 UMITiNG CONDFrlONS - (on revem..o 5de of permit) '--'SPECLAL--COHDITIONS (SFECIF1C-LJMITING"CONDITIONS)' ARE AS FOLLOWS: SPECLAL coNDmor~s ON THE ATTACHED SH1E~--F ARE PART OF THIS DOCUME3~T. GEORGE H HERMANS6N, P.E. HOLE, MONTES. & ASSOCDS, TES, INCORPOP-.ATED 715 TENTH STREE"r SOUTH, PO BOX 1586 NAPLES, FLORIDA 33939 FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON 13~R~,~,.-~ FRONCZEK SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ~ Ac'dng in absence of Sec~.a~i ~ I" t ,~ ~ ~ South Flo¢Ida Water Management Dlcu~ct -~. Request Fdr Pe~it M~lf[~fion TO he A~comp~n[~ ~y 3 ~Pl~ ~ a ~ng ~f~e ~opo~l 9910 ~ _ _ )~'~-~-ed tO [~C[ltde'.-- 3~9~"x~--~-'..~ ~__l°n~ core,aced metal pipes versus ~he oriEihal. . _ CONSP~N_. culvert. ?/~ ~,~ ~ c~/~'~,'~;~ _~ . /~" ~ /~".~,'~. ~ .. __ Applfcant'$Addre~ 6289 'Burnham Road Naples, Florida .......... . __~_~U-,-,. ,~ ..... ~__ & ~0 T~lp_ 48 $ Range 26 I~kaiee Road Canal "'~ght~'f~Way . HOLE, MONTES & ASSOCIAi'ES, INC. Engineers - Planners - Surveyors P.O. Box 1586 NAPLES, FLORIDA 33939-1586 (813) 262-4617 CHEC~(~D 8Y OAT~ $C~ .~ THIS DFLA'WING .... r l,'~O '"'""" 1.: ~o~o o .Z 0_./ ~ 715 loth Street S., Naples, Fb 33940 Phone : (8I~) 262-4617 ~j~oJ~ HOLE, MONTES & ASSOCIATES 715 lOfh Sfreef $.. Noples, FL. 35940 Phone : (813) 262-4617 NORTHBRC C BRIDGE PLAN ANB I I'-L~A ,,~F' Ho. Z ~ 715 lOth Slreet $., Naples, F~- 33940 Phon, : (81.3) 262-z, 617 NORTHBI]O BRIDGE PLAN Al '! Station: 186 + 10 to 186 + 00 Name: Pelican Bay Improvement District (c/o Collier County Waste Water Department) Date of Inspection: Wednesday 11/26/97 Right of Way Permit Number:. Existing Facilities: 2. 3. 4. Two (2) wells (monitoring) 25, 21, 20 and 24 18" R.C.P. 18" Piece of R.C.P. Four (4) galvanized post with chair* barrier Contact: Mr. ~mothy L. Cl~mons Collier County Wastewater Director 3301 East Tamiami Trail Naples, Florida, 34112 Phone: 941-732-2575 19 Exhibit "Z" Station: Name: 277 + 45 Collier County Public Work Division Wastewater Department Building "H" 3~ Floor 3301 E. Tamiami Trail Naples, Flodda 34109 Contact: Timothy. L. Clemons, Wastewater Director 941-732-2554 Date of Inspection: Tuesday 11/25/97 Right of Way Permit Number: 9441 Existing Facilities: 1.. Two (2) 20" I.M. 2. One (1) 16" Effluent pipe 11 Station: Name: Contact: Date of Inspection: Tuesday 11/25/97 Right of Way Permit Number: 9552 Permitted Facilities: Water Main .Lakes 318 + 00 Collier County Public Work Division Wastewater Department Building "H" 3rd Floor 3301 East Tamiami Trail Naples, Florida 34112 Timothy L. Clemons, Utility Director 941-732-2554 16" D.I.P. located on East Side of Longshore Station: Name: 179 + 80 to 186 + 10 Collier County Public Work Division Wastewater Department Building "H" 3~ Floor 3301 East Tamiami Trail Naples, Flodda 34112 Contact: Timothy L. Clemons, Utility Director 941-732-2554 Date of Inspection: Tuesday 11/25197 Right of Way Permit Number: 9361 Permitted Facilities: Pile Supported Facilities 2. 3. 4. 20".Water Main-.- Permitted 20" Sewer Force Main - Permitte~ 24 Effluent- Permitted 12" Water Main -immediately east of Carlton Lakes - Unpermitted MGT O4 F~O~ DATE: S'UBJECT: ~;T1;~rn ]~alone, DirecZcr, Land ~ern~t October 10, 1994 Delegation cf ,~y:nature Authority for Routine Gcverr~;ng Board Acti~ cn Ri~t of Way M-tZers Pur~znt to the delegation of s~gmature author{fy fromm ~ C-~v~inC Board Chmi~n to me concerto;nC the abo~ referznced subject, I -~ fmihez delegating my authority to both the Deputy Executive Direc~r -nd the Director of th~ Land Mm~u~gement Department- Until further notice, both the Deputy Executive Director and ,3ae Director of the Land 1V~nnmg"ment DepOt sb~U have the authcrit~ to e~ecut~ any L~nd M~nmg-ment O~ders ;rnplornenMng the Govern;nC Boa_~s act~om~ SEP r Tony Eurns Scott G]~n~ er JoAnne Greiser Barbara Mmr~h~m Juli Triola Tom Wolfe Exhibit "J" ,F.,dlib it "A" Tract No. 01-100-102 Temporary F. xqement A parce[ of land in Section 19, Township 48 Sou'da, Range 26 Pnst, Collier County, Florida, being a part of llnd recorded in Book 800, at Page 1645 of the Officill Records of Collier County, Florida, and being more parficu!nrly de~5.bed is follows: The West 50 feet of the North 10:3 f~.i of the South 200 feet of said Section I9. The aboveCescribed _garcel of land contaisu 0.11 acre, more or less. BCBLPeiic:m Bay Improvement District A:\bc..b\ 100- I 0Tlg[ August 16, 1996 Rc-wisoJ: August 12, 1997 Revi..qe~ January 29, 1998 Revised: February 6, 1998 Exhibit "K" 2.4 SOUTHYFEST CORNER-/ OF SECTION 19, TOY. S't-lIP 48 SOUl-H, RANGE 26 EAST ~/o L_AJ',t:3~ [:¢=9(:::RIgE~ OR-q. 8O3. PAOE ~ 50' BCB-100-102 0.11 ACRES +-. o SCALE IN FEET CARLTON LAKES P.U.D. P.B. 25, PG. 55-72 COLLIE~ COUNTY. Iq_CC~IOA 0 Cx.I /--- NORTH RIGHT-OF-WAY LINE / COCOHATCHEE CANAL, COHA TCt~££CANAL 5 SOUTH RIGHT-OF-WAY UNE f SECTION 19. AND SOUTH R LINE COCOHATCHEE CANAL · ~o /CO THIS ~CH IS TO ACCOtfPA/N~ A LEGAL DESCRLOTION AND DOES NOT REP~SE~ A SI3RVEY OF THE LAh*D SHOWh' H]EI::LEON. F'LORfDA CERTIFiCA'I-ION NUMBER 2977 SECTION 19 TOWN~IP 48 SOUTH RANGE 26 EAST COf.I.TER COUNTY )R^WNIC~,ECXEDt O^TE I REViSiONS SOUTH FLORIDA WATER /,,fANAGEMENT DISTRICT CONSTRUCTION AND LAND MANAGEMENT DEPART.MENT P.O. 80X 24.680 ~0~ cu~ a..uB Ro.,,.o V~-r_Sl' PALN BEAC~I. FLORIDA ....... S~ 416--.4.,6&.q ..... BEG CYPRESS BASIN COCOHA"I'CH'E~ ,. DESCRIPTION SKETCH P:'UCAN BAY IMPROVEMENT DIS~"RIGT!i '9 ,%.... ',~[.] TO souTH FLORIDA WATER t..~ANACE~ENTiO~aT.~CT //,~ MAJ 'O..~'~x 23JANg8 AS SHOWN SCB-100-002 ERMIT- TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY IN COLLIER COUNTY, FLORIDA DEVELOPMENT SERVICES DEPARTMENT DATE RECEIVED PERMIT 6 0 4 9 D FEE PAID /x./O F: ~.~_.. Approval i~ hereJ:y requested by South Florida Water Management District for Lbo purpose of staQin3 equipment and temporary spoil placement adon 20'_Piper Boulevard 'south Tract/Lot No. Subdivision shoulder and Livinqsl~on Road ~iqht-of-way west side Block Unit S~. 24 - Twp.. 48 S.; Rge. The work herein described and ~rmitted is to be commenced on or about _~arch 1998 Expiration Date Owner/Agent Contact: Maura Merkal Addr~s 3301 Gun Club Road West Palm Beach, FL 33406 Telephone (561) 687-6179 [ agree to conduct all work in accordance with County Ordinance 93-64 and all applicable County and State Codes and Laws. AbWHORIZEDSIGNATUREFOR?ERMFFT£E William F. Malone. Director Construction and Land Management Department APPROVED: SFWMD DEVELOPMENT SERVICES DEPARTMENT BY DATE OFFICE COPY Exhibit "L" NOTES: 1. Work shall be performed in accordance with approved pta.n, Condifiorm of Permit appearing on reverse side. stiput~o~ specified as part of this permit and in accordance with Collier County Ordinance ~93-64 and the "Public RightsKDf-Way Comsm~ion Standards Handbook." latest edition. 2. Applicam declares that prior to filing this application he h~ a_scertaJncd the legation of all existing utilities. both aerial, and underground· 3. This permit is contingent upon Permittee obtaining necessary rights of entry for construction and maintenance where required fight-of-way for public use has not been dedicated and accepted by Collier County. 4. If the application is made by any I:x:rson or firm other than thc owner of the property involved, a written con- sent from the property owner shall be required prior to processing of the application. 5. "Development Services Department approval does nat exempt the perrninee from gaining approval from any State, Federal or Local Agencies having jurisdiction over the proposed work." 25 E. i~ cornplet--..d approximately May 1999 1. Permits are r.-.~u~re-~ for al'. .~r~ D~.r~orrr,~-:'d ~n ant ricjnr. S-of-~ay or easett, e~a~s prov~C~ed for ~[~c use ~n ~or~ra~ area ~ C~l~er ~o~,:Y a~ ~n ~bc~e ~c r~ntS-of-way or ease, ts ~nta~ bT 2. ~ ~rmitt~ fac~t~t~e~ ar~ plac~ w~thin a ~lic r~ght-of-~ay or eas~nt, the ~taltat~ ~s for ess~at~ rign:-of-way or eas~nt in the ~rm~ttee. Furthe~re, the ~Cte~ shall ~ resemble fcr ~nte~,~ce of s~h facilities ~ti[ ~hey are r~v~, ~l~s otherwise s~i~ ~n the ~rt~cular 3. AIl m~ter~als ard ~u~n~ ~na~ ~ s~ject to ins~t~ ~ the 0~vmlo~nt Ser~{ce~ 0~rt~nt's assignee. ? R~ests for ins~c:icn shat~ ~ ~ade ~ h~rs pri~r to c~ ~rk r~ir~ng ~ns~ti~. 5. ~uri~ the c~s:~c:~m, ~bo Cc~tractor/Perm~tt~e shall c~ly w~th the ~State of Florida M~( of Traffic C~trol a~ Safe Practices for Street a~ H~gnwaT C~t~ti~, Ma~nte~e, a~ Utility ~rat~" a~ w~th the "Ma~[ ~ Un~fcrm Traffic C~ntro~ Oevices" and ~m~h aH o~her governing safe~ regulations. 6. The C~ty shall ~ rel~ev~ of att res~nsibi[~ty fr~ d~ge or l~a~lity of d~ge of ~ ~ture arising fr~ work author~z~ ~er ~h~s ~t. 7. A~t cross{~s cf ~x~s:~ng ~v~n~ sha~ ~ by jack~ a~ ~ri~ at a m~ni~ ce~th of tw~t~-f~r ~nes, (2~,), ~,less otherwise author~Z~ Dy the OeveLo~nt. SedUces Detroit's 8. Alt' o~?he~ ~ns~allat~ shall c~fo~ to cleara~e sta~ar~ of the C~ty, a~ alt ~rgr~ cross~ ~tallat~c~ sh~l~ ~ place~ at a m~n~ de~th o~ t~ty-f~r ~nes (2C") ~ow th~ ~v~t a~/or a m~n~ d,~th o~ t~e~ty-~our ~ches (2~") ~c~ the ro~ d~tch or swa~e ~nvert. Pr~?X cable (voltage · xc~ 500 volts) ~ll have m~n;~ th~rty-s~z ~h (~') cover. Sec~ ca~le (vo~tag~ ~ess than 500 volts) ~ll hav~ a m~n~ ~h~r:y ~n (30"~ cover. Except~ ~Y ~ ~e ~ authority o~ the 0evelo~t Semites Oe~rt~t. T~ prints o~ the pro~s~ w~rk covering deta~s of th~s ~tal~at~on sha~l ~ ~e · ~rt of th~s ~rm~t. a~it~l plans ar~ r~r~, they shall ~c~ a par~ o~ th~s Sr~ng a,~/or se~r.~ sha:l ~ r~u~r~ for any d~stur~ r~ghts-of-way foi~ow~ c~iet~ of a~ work. A~l pro~rty d~stur~ ~y author~:at~ o~ th~s ~rm~t shaft ~ r~stor~ ~tter than or ~ to ~ts c~tJon a~ to the sa:~sfac~cn of the OeveLc~nt Services 0e~rt~nt'~ ~he~ver necessary for the constructi~, re~r, ~Jnte~n~e, ~?ov~nt, alteration or re~atJ~ of said r~ght-of-uay or eos~nt as determJn~ by the C~t¥, ~,., or all ~es, ~res, p~s, culverts, cables, la~c~ping, dr~v~uays, sprinklers, or other facilJ~s ~ a~rt~ authorJz~ shall ~ r~v~ fr~ said rJght-o(-way or eas~nt, or reset or reLocat~ there~ as r~Jr~ a~ so ~tJfJ~ by the C~ty, ~ at ex~nse of the ~rmit:e~, his s~cessor or assigns. 13. ~ere the ~rmJttee, or his successor or assigns, ~s ~tifJ~ of a ~ for c~tr~tJ~, r~r, ~Jntenance, j~rov~nt, alteration of ar relocatJo~ w~thin the right-of-way or eas~nt a~ ~ acti~ Js tak~ ~ thc resemble ~rty within the ti~ fr~ s~c~fJ~ ~ the C~ty, the C~ty shaLt ca~e the ~Jtt~ work to ~ alterS, relearn, or r~v~, with ~he total ex~nse ~ ~rne by the ~tte~ or the resemble ~rty. Pe~Jts shalt ge~ralJy ~ in a form a~rov~ by the Board of C~ty C~issi~rs a~ shalt ~e the of c~nt, th~ n~r of days the job ~s ex~ct~ to take, a~ the a~roAJ~te date of c~Jetion. The ~Jt u~ll expire ninety (90) days after the d~sig~t~ c~letJon date, ~ess authorJZ~ in th~ J~ta~e for a L~ger ar shorter ~ri~. If the ~rk has ~t ~n c~Jet~ ~ the expiration ~te, there ~ a r~wal fee, set by Resolution, ~yable u~ exte~J~ the expJratJ~ ~te for an ~JtJ~l n~nety (90) 15. ALL corres~e~e regarding c~struct ion pr~ures w~LL ~ ha~l~ dirtily uJth the ~ tte~, his author~:~ agen~ or h~s co~u~tanC, a~ ~ chro~h a c~Cr~tor or s~tractor. ~6. U~ c~lec~cn of authoriz~ work a~ prior to accmt~e ~ the Co--tV the O~ve~t Semites ~epar~ a~tach~ her~, ~ m~ili~ or ~etivering the st~ to the ~vel~t sha,L ~ ~t~f~ via the c~leti~ st~ ~ ~. Services O~rt~nt, 2~00 North Horseshoe Orive, Naples, Ftor~da ~39;~. TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT granted this day of , 19 , by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, and/or BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO I~HE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, as automatically conveyed on March 5, 1991, via Resolution No. 91-216, Paragraphs 2 and 3, title to all property and property r~9hls that were owned by Pelican Bay Improvement District as of March 5, 1991, whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantor, to SOUTH FLORIDA WATER MANAGEMENT DISTRICT, whose post office address is 3301 Gun Club Road, Post Office Box 2468.0, West Palm Beach, Florida 33416-4680, its successors and assigns, as Granlee. (W'herever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs,'~egal representatives, successors or assigns.) WITNESSETH: That the Granlor, for and in consideration of the sum of Ten Dollars ($1000) and other valuable consideration paid by the Granlee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follcws (the "Easement Area"): SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. The Easement Area shall be used by Grantee for.the purpose of gaining access to the Cocohatchee Canal ~o tacilitate the widening of the canal. This Temporary Construction Easen".ent shall expire upon completion of the construction of the public facilitie.'~ in the Easement Area or on May 30, 2000, whichever occurs first. Upon lhe completion of construction, the Grantee shall reslore the surface of lhe Easemenl Area to its original condition. Subject to limitations ol Section 76828, Florida Slalutes, Grantee shall indemnify, defend and hold harmless Grantor, ils agents and employees from and against any and all liabilily (statutory or otherwise), damages, claims, suits, demands, judgments, cosls, interest and expenses (including, but not limited to. attorney's fees: fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to properly (including loss of use thereof) relaled to (A) Granlee's use of the Easemenl Area, (B) any work or thing whatsoever done, or any condition created (other tl',an by Grantor, its employees, agents or contractors) by or on behalf of the Grantee in or about the Easement Area, (C) omission or negligence of Grantee or its agents, any act, employees, licensees or invilees. In case any action or proceeding is~ brt)'~ht against Grantor by reason of any one or more thereof, Grantee shall pay costs, attorney's fees. expenses and liabilities resulting therefrom and shall defend such action or proceeding if Grantor shall so request, at Grantees expenses, by counsel reasonable satisfactory to Grantor. Grantee shall indemnify and save harmless the Grantor from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, char~es, reasonable attorney's fees, payments, expenses and liabilities which Grantor may sustain or incur due to the sole negligent act or omission of Grantee IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. DATED ATTEST DWIGHTE. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT'Y, FLORIDA , Deputy Clerk BY: BARBARA B. BERRY, Chairman Prepared !"/: Davi:J L:. v'.,,:igel. Esquire Oificc, .:; 1;~e County Attorney 320t F.,':.;! Tamiami Trail Naples, Florida 33962 (8~3) 774-84OO Exhibit 'A' Tract No. 01-106-102 Temporary Easement PAGE 1 of 2 ^ parcel of land in Section 19, Township 48 Sough, Range 26 ~ Co]li~ Cotmty, FkrricLx, be:Ln~ a pan of land recorded i~ Book 803, al Pa~e 1645 of the Official Records of Collier Coun%,, Florida, azd beizg more pardcuhriy de~--Tibed as follows: The West 50 feet of the North 103 fe~t of thc South 2130 fcex of' said So:don 19. The above-described parce/of Im~d contains 0. i 1 ~, more or le:~. BC~cllc.~ B~y ~rove-me~t DL~u/u A:~zc-b\ 100- 107_ Iii Auptst 16, 199~ Rcvi..~d: Augx~ 12, 1997 R~dsozl: J~ausO, 29, 1998 P.x-vP_,e~: Fe..beasty 6, 1998 ..... 2~~~3 SCAJ TH~"E S T CORNE OF SECTiON 19, TO~,t~SHIP 48 SOUTH, RAHGE 26 EAST ,~; ExbJb~"A" PAGE 2 of 2 BCB-IO0-102 0.11 ACRES 0 .30 SCALE IN FEET CAPLTON LAY. ES P.UD. P.8. 26, PC. 65-72 COU..JER CouNTY, flOrIDA NORTH RIGHT-OF-WAY UNE /-- COCOH ATCHEE CANAL SOUTH RIGHT-OF-WAY /--SECTION 19, AND SOU/'~ LINE ,C_OCOHATCHEE ~----~N~ ROAD 848 (IM),K)KJ~ ROAD.s.. T}{]S SKETCH IS TO ACCO~PANY A LEGAL DESCRIPTION Ah"D DOgS NOT REPP. ESE,WT A SURVITY OF THE LA/q'D SHOWlq HEP. EON, OEHNIS J. k~EIERER PROFESSIONAL SURVEYOR ANO MAPPER FLORtOA CERT1FICAI]ON NUMBER 2977 SECTION tg TO'CW~S~tP 48 soOTH RAHCE 26 EAST COLLiER COUNTY SOUTH FLORIDA WATER MAbIAGE~EHT DISTRICT co s' .uc' Io 330~ ~ ~U8 RO~ ~ST PALM BEACH. ~ORIOA 33418-4680 ~ BIG C~RESS BASIN COCO~TCHEE p~SE 3 DESCRIPTION SKETCH PELICAN BAY IMPROVEMENT DISTRICT TO SOUTH FLORIOA 'HATER MANAGEMENT 01STRICT .... ~' 23JAN9~ AS SHO~ 8C8-I00-002~ CAOO FiLE NO. 01100002.0WG EXECUTIVE SUMMARY. APPROVE TWO BUDGET AMENDMENTS TO RECONCILE UTILITY COST OBLIGATIONS FOR THE RECENTLY COMPLETED RATTLESNAKE HAMMOCK ROAD FOUR LANING PROJECT (CIE NO. 017). OBJECTIVE: Gain approval to process a cost reimbursement from water and sewer capital accounts to the Rattlesnake Hammock Road capital account. A Budget Amendment approval is required from the Board of County Commissioners as the governing body of Collier County, and Ex-Officio as the governing body of' the Collier County Water-Sewer District. CONSIDERATIONS: On December 20, 1994, the Board approved a reinstatement of the ten percent design change order limit for Rattlesnake Itarnmock koad [ref. Agenda Item No. 16(H)l], and authorized the Office of Capital Projects Management to prepare and execute subsequent Supplemental Agreements for additional design phase services with Wilson, Miller, Barton and Peek, Inc.. Forthwith, staff processed a Supplemental Agreement No. 5 (dated 12 January 1995) for field locating existing water and sewer lines to result in cost-effective utiEty and drainage designs. Funds for this purpose in the amount of 530,000 were originally expended from the Rattlesnake Hammock Road capital account. Recent discussions between the Directors of the Water, Sewer, and Transportation Departments yielded a consensus to reimburse the Rattlesnake Hammock Road capital account since the $30,000 cost and technical efforts were directed to utility infrastructure located within public right-of-way. Two Budget Amendments are required to effectuate a cost reimbursement from water and sewer accounts. FISCAL IMPACT: The Rattlesnake H~mmock Road capital account shall be reimbursed in the total amount of S_~C,000 for utility related services as follows: (1) Prime consultant cost = $5,332 (2) SubconsuItant cost = $20,600 (3) Construction Management cost = $4,068 Total Cost = $30.000 JUL 2 8 19 $ Executive Summary Rattlesnake tlammock Road Page Two \The $30,000 reimbursable cost shall be shared equally by water and sewer capital accounts, through the approval of appropriate Budget Amendments. (A) Cost: $15,000 From Fund 412 Reserves To: Fund: 412 - County Capital Projects Cost Center: 273511 - Water Capital Project Project: 70013 - Rattlesnake Hammock Road Relocate Water Main Reimbursement: Fund' Cost Center' Project' $15,000 313 - Road Construction - Gas Tax 163673 - Surplus Gas Tax - Road Construction 65021 - Rattlesnake Hammock Road Four Laning Cost: $15,000 From Fund 414 Reserves To: Fund: 414 - County Sewer Capital Projects Cost Center: 263611- Wastewater Capital Projects Project: 73034 - Rattlesnake Hammock Road Relocate Sewer Main Reimbursement: $15,000 Fund' 313 - Cost Center' 163673 Project' 65021 - Road Construction - Gas Tax Surplus Gas Tax - Road Construction Rattlesnake Hammock Road Four 1.aning GRO¥¥TH MANAGEMENT IMPACT: Rattlesnake Hammock Road transportation and utility improvements (as recently completed) are consistent with the Collier County Growth Management Plan. Executive Summary Rattlesnake Itammock Road Page Three RECOMM'ENDATION: That the Board of County Commissioners as the governing body of Collier County, and Ex-Officio as the governing body of the Collier County Water-Sewer District: Approve a $30,000 cost reimbursement from utility capital accounts to the Rattlesnake Hammock Road capital account; and, (2) Approve two Budget Amendments to administrate this fiscal transaction. Vladimir :4.. Ryz,~, .~.~MP, Project Manager II Office of Capit~+'P~ts Management Richard Hellriegel, ff.l~.~ Interim Director Office of Capital Projects Management REVIEWED Ed Ilschn~r, Administrator Public Works Division Exec. S um.lh.0 I 0 EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY "A" FUNDING TO MONITOR COUNTY AND CITY BEACItES FOR SEA TURTLE ACTIVITIES DURING TIlE 1999 NESTING/IIATCIIING SEASON. OBJECTIVE: To obtain approval of funding in the amount of $131,451.00 from the Beach Renourishment and Inlet Maintenance category of Tourist Development funds to monitor Sea Turtle Nesting Activities during the 1999 season. CONSIDERATION: On April 20, 1998, the Tourist Development Council reviewed an application for funding to monitor County and City beaches for Sea Turtle Nesting activities during the 1999 nesting/hatching season. On April 2, 1998, the Beach Renourishment/Maintenance Committee had reviewed this application and forwarded it to the Tourist 'Development Council with a recommendation for approval. The Tourist Development Coc~ncil unanimously recommended approval of this application. ,_.F I S C A L IMPACT: Cost. Fund' Cost Center; Project No' 131,451.00; to be obligated in the budget for FY 98/99 (195) Tourist Development - 60% (110406) Beach Renourishment, Category A (80225) County Beach Renourishment Sufficient funds are available in the reserves of Fund 195 for this obligation. A Budget amendment is necessary whereby funds will be transferred from the reserves of Fund 195 to the appropriate expenditure categc, ry under Project Number 80225. GROWTI! MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached grant application for Tourist Development funds in the amount of $131,451.00 to monitor County and City beaches for Sea Turtle Nesting activities during the 1999 nesting/hatching season. 2. Approve the necessary budget amendment. .o. t.(OCs) J U k 8 IS:S3 PG. ! ......... ,,'l, ttt ......... r ....... I III ......................... Executive Summary Tourist Development Category "A" Funding Page 2 PREPARED BY r.~~-"~,,~ff----*-~ DATE: Harold E. Huber, Project Manager III Office of Capital Projects Manager Richard Hellriegel, P.E., IntCerim Director Office of Capital Projects Management REVIEWED B~ Ed Ilschner, Administrator Public Works Division 7.,v. % attachment cc: Beach Renourishment/Maintenance Committee Greg Mihalic, Economic Development Director William D. Lorenz, Jr., P.E. Director, NRD NATURAL RESOURCES MANA GEME,~,'T 735 8TIt STREET SOUTtt, I~:4PLES, FL 34102 941-434-4655 Suncom 974-4655 FAX NO. 941-434-3059 TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJ£Ci: Beach Renourishment and Pass Maintenance Funding P, ezuest Recommendation The attached request for TDC Category A funding, submit~e~ by_the Cc!lief County Board of County Commissioners to be used for monitoring County and City beaches for marine turtle activities during the 1999 nesting/hatching season : is reco,.Tumended to be: × Approved as submitted. As~ro';ed with the followin~ changes: Deferred to: Disapproved. Comments: Date 02 April 1998 ........ I ........................... III ....... II IIII I I I II I IIIIIIIIIIII I I IIIII II I II EXHIBIT A Collier County Tourist Development Council GP~J';T APPLICATION Beach Renouris,kment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance} CsmDleted applications must be received at the below address no later than 5:00 P.M. first Monday in November Administrator Collier County Tourist Development Council County A~m/nistrator 3301 East Ta,-uiari Trail Naples, EL 34112 Nn~ and Adctress of Applicant Organization: Ccl!ier County Board of County Com~dssioners 3301Tam~a.."%i Trail East .~a~.es, Florida 33112 2. Contact Person, Title and Phone N,~m~er: Harry Huber ?ro~ect ManaGer iil 774-~19£ 3. Organization's Chief Official and Title: Cc~ssloner Barbara B. Berry Chairman 5~ard of Countv Co.T~issioners 4. Brief Project Description: Monitor County and City beaches for Sea Turtle Activities during the iaaa .... .''~e_=-{..n.-/HatchinG Season JUL 2 Collier County Tourist Development Council Grant Application Page 2 5. Estin~ated project start date: October 01,1998 6. Esti~ted project duration: One (1) year 7. Total amount requested: $131,451.00 8. If the full m~unt requested cannot be awarded, can the program/ project be restructured to acco~odate a sm~ller award? 'les ~:o x 9. Identify the goals and objectives for the project: The fo!lowing coastal construction activities conducted in Collier County, r~u~re_. - coastal construction perm/ts from the State of ~lorida. 1. Beach nourishment; 2. construction, excavation or maintenance of coastal inlet and related shca!s; 3. beach cleaning and groom/ns activities landward of the mean high-water line. The fc]lowlng excerpts [rom current regulations (Chapter 16B-41 Rules and Procedures for Application for Coastal Constructicn Pe.~rAts, Florida A~rAnistrative Code), provides for the scope of the perrdtting process and protection cf marine turtles as it relates tc the afcrementioned activities. 16B-41.00' Scope This chapte: provides the requirements and procedures for the issuance, denial, transfer, renewal, modification, suspension and revocation cf coastal construction per..-tits. In this Chapter Coastal Construction is defined as "any work cr activity on cr encroaching upon scvere:gnty lands of Florida, betcw the mean high-water line of any tidal water of the state, whlch is likely tc have a material physical effect cn existing coastal ccnditlons cr natural shore and inlet proc,?~ses." 1~5-41.0055 Protection of Marine Turtles (~!orida Administrative Code) (i) In keeming, with the Desartments. Authority to protest ma,_n_-~ = turtles pursuant tc Section 370.12, Florida Statutes, any app!icaticn for a perm:t under this Chapter for coastal construction that affects marine turtles shall be subject tc the conditions and requirements for marine turtle protection as part cf the pe.'nr, gtting process. JUL 28i : t Collier County Tourist Development Council Grant Application Page 3 (2) The Department shall require appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation, nest marking, modification of coastal construction, mcasures to reduce sand compaction, and short and long term monitoring to assess the impacts of the perm/tted coastal construction on marine turtles and their habitat. The Collier County Natural Resources, with assistance from Conservancy, Inc., monitor the following beaches for sea turtle nesting activities as a permitting requirement of the State. Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area of influence cf Wiggins Pass; 1 m~le north cf Pass south to Wiggins Pass); pass material disposal location (renourish~ent} Vanderbilt Beach: beach nourishT, ent; construction, excavation or maintenance of a coastal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grcomdng activities landward of the mean high-water line. Parkshore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass) City of Naples: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shca!s (Doctors Pass and Gordon Pass) Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Cax~Tbas Pass); Beach ncuris~ent; Hideaway ~each T-Groin; beach cleaning and groom/ng acsivities landward of the mean high-water line. The duties and associated costs of the program are as follows: 1 A~rtinistrative/Pe~..~m!tting 2 Reconnaissance and 5each Zoning 3 Daily Monitoring (7 days/wk./heath) 4 Evaluation 5 Mapping 6 Data Entry 7 Disorientation's (associated with beach profile) 8 Reports (A~nnual and Sea Turtle Protection Plan) 9 Mobilization/Demobillzaticn 10. Vehicle Maintenance 11. Supplies 12. Beack Compaction Studies and Reports 13. Dune Vegetation Monitoring !4. Nest Relocation in Construction Areas 15. Monitoring and Reporting of Escarpments Ccllier County Tourist Development Council Grant Application Page 4 The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 10. Describ~ what benefits will be received from the project: (a) The program enhances the potential for receipt of funding assistance from State and Federal Agencies for coastal construction, including beach nourisP~ent and inlet management. b} The program allows for numerous activities seaward of the State Coastal Construction Control Line (CCCL) to be conducted during the sea turtle nesting season. c) Allows activities otherwise prohibited during sea turtle nesting season to be conducted (i.e. beach raking). d) Provides coordination with State and Federal agencies for the protection of threatened and endangered species. e) Provides baseline data utilized by engineering consultants related to beach design which could result in a reduction cf e:<penses to the County. f) provides for beach sand compaction studies as required by Federal and State pe.-~tit conditions g) provides for monitoring of new dune vegetation to assure survivability and exotic removal I1. De~crit>e how the effectiveness of the ~ro~ect will be evaluated: Prior tc a~proval for imp!ementaticn and construction, the beach nourishment and inlet management projects received extensive evaluation as to their effectiveness by the Florida Department cf Envlrcnmenta! Protection, the U.S. Army Corps of Engineers and the 5each F~enourisP~.ent/Maintenance Ccrzr..gttee as well as local envlrcnmental and permgtting agencies. ~ annual report is subrd~ted the agencies and ccr~it~ees. The program has gained State recognition and is used as an example as one of the mcst outstanding sea turtle programs in the State. 12. Describe how the project enhances existing County Tourist Development pro~ra~: As a requirement for approval cf the beach nourishment and inlet management projects, provisions for monitoring sea turtle nesting activities are instrumental in the implementation and subsequent management of these programs. 13. Descri]>e how financial resources will be ~nitored: The project budget will be managed through the existing financial and management structure of Collie= County and will be JUL 2 7 : Collier County Tourist Development Council Grant Application Page 5 a~ninistered by a project manager in the Office of Capital Projects Management. The basis of the project budget consists of (!) Personnel and Operating Costs and (2) Equipment Costs associated with perfo~.~, nce of the monitoring activities. The total amount of the proposed budget is $131,451. 14. Please co~lete the following questions and provide additional informuation, if necessary: * Does the proposed exlz~d_iture further the objectives outlined in the Mission Statenment? Yes. Beaches are the major tourist attraction in Florida and their management and restoration is of vital importance. This project directly impacts the ability to obtain pe-.~nlts for such restoration. * Does the proposed eXl:~nd/ture fairly c[istribute monies to different geographic areas of the County? Yes. This project is a County-wide progrmn. Does the proposed expenditure promote env-iron~nta_l awareness a_nd understanding and does the proposed project address environnmantal considerations? Yes. Environ/nenta! issues and considerations are a major component of the project design and must be satisfactorily addressed to obtain pe_.~.~ts from the regulatory agencies. Enviro~T, ental awareness is also achieved through the distribution of brochures, mail-outs, and PSA'S. A separate grant to the US~WS ~i!l hopefully fund this aspect of the program. Is the proposed project part of the ongoing Collier County beach restoration project ~nd/or pass maintenance/dredging/ ~nage~nt projects? Yes. This project is essential to permitting, implementation and maintenance activities related to the Collier County Beach Restoration project, the Marco Island Beach Restoration project and the six (6) inlet management projects. Is the proposed project required by a regulatory agency as a condition for apprc~-~l/funding the Collier County beach restoration projects? ~ I I I I I I I I II IIIII IIIIII ' III ~ -- llllllll I I II I I I I II IIIII IIIII Collier County Tourist Development Council Grant Application Page 6 Yes. Sea Turtle Monitoring is a requirement for issuance of permits from the regulatory agencies for construction of the beach restoration project and subsequent maintenance. * Will the proposed project contribute significantly to the progress of the beach restoration projects? Yea. o~-~e~ul and timely completion of this project is critical to implementation of beach construction and maintenance. * Will the project d~crease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? E~~o~ts on this project will enhance the potential for receipt of state and federal funding assistance for the Collier County Beach Restoration project. Will the project ~-~p~rc~ze understanding of ~lternativ~ technologies that ::ay contribute to a cost-effective beach restoration project? Yes. Ccmprehensive sea turtle monitoring data will provide a basis for cost e~e_~zve construction sckedulin9. Is there a potential for a_n alternative/matching funding source? Is the project consistent with the Collier County Growth Manag,~nt Plan ~und/or standing Board of County Cow~-~ssion action7 Yes. The criteria for design of this project provides for compliance with provisions in the Growth Management Plan. The Board of County Conra/ssioners has endorsed this project and the proposed schedule. Provisions for Sea Turtle protection is a major consideration in this re~ard. * Has the project been reviewed and reco~ndedby the Beach Renourishn~unt/Maintenance Axhzisory Co~-{ttee? Yes. This application will be considered by the Beach Renouris~.ent/Maintenance Con~ruittee at their regularly scheduled meetings. Their recommendation will be forwarded under separate cover. JUL 2 8 13 3 Collier County Tourist Development Council Grant Application Page 7 I have read the Beach Renourisb-ment and Pass Guidelines and criteria~?nd agree ~.~.t my organization will comply with all guideli ~ a c-. ~r~,. Signature of ~rganizatio~/~ Chi~Official or Designee' Date: ~//~ · Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chair~n of the Board of County Co~-~issioners. Approved by Board of County Con~Lissioners on August 24, 1993, Agenda Item'16(h) (2). JUL 2 8 1 B8 Collier County Tourist Development Council Grant Application Page 8 PROJECT BUDGET ACTIVITY SEA TURTLE MONITORING 1999 NESTING SEASON Personnel & Operating Costs AMOUNT 1. Marco Island 2. Naples Headland 3. Park Shore 4. Vanderbilt Beach 5. Barefoot Beach B. Equipment Costs $ 29,377 $ 27,670 $ 27,571 $ 29,433 $ 14,400 $ 3000 TOTAL $131,451.00 HEHIg~u~j 677 ! EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 (FINAL) TO CONTRACT NO. 97- 2629, SOUTH CHANNEL AND WATER TURKEY BAY MAINTENANCE DREDGING. OBJECTIVE: To obtain approval of Change Order No. 2 (Final) to enable closeout of Contract No. 97-2629. CONSIDERATION: On August 26, 1997, the Board of County Commissioners awarded Contract No. 97-2629 to Energy Resources, Inc. in the amount of $397,405.00. The estimated quantity of material to be excavated from the channel as included in the bid schedule was 15,700 cubic yards. Based upon the post construction survey of the dredge channel, the actual volume excavated from the permitted limits including the overdredge tolerance, was 18,100 cubic yards. The difference is 2,400 cubic yards. At the contract unit price per cubic yard of $12.10, this results in an increase in the amount of $29,040.00. Therefore, it is necessary to adjust the amount of the contract to account for this variation. Change Order No. 2 has been prepared for this purpose, resulting in the following contract figures: Original Contract Amount Sum of Previous Changes This Change Order Amount Revised Contract Amount $397,405.00 36,855.58 29,040.00 463,300.58 CAL IMPACT: "3J C°St: $29,040.00; to be obligated in the budget for FY 97/98 Fund: (195) Tourist Development - 60% Cost Center: (I 10420) Wiggins Pass Dredging Project Number: (80226) Wiggins Pass Inlet Management Sufficient funds are available in the current budget for this obligation. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners' Approve Change Order No. 2 (Final) to Contract No. 97-2629 in the amount of $29,040.00, and Authorize the OCPM Director to execute the change order. Executive Summary Change Order No. 2;No. 97-2629 Page Two PREPARED BY' REVIEWED BY: REVIEWED BY Harry E. Huber, Project Manager III Office of Capital Projects Management Richard Hellriegel, P.E,, Interim Director Office of Capital Projects Management Ed Ilschner, Administrator Public Works Division Cc: Beach Renourishment/Maintenance Committee Coastal Engineering Consultants, Inc. Energy Resources, Inc. JUL 2 8 1S'~$ / CtIANGE ORDER TO: Energy Resources, Inc. 2206 Samuel Stuart Ct. Chesterfield, MO 63005 FROM: Collier County Govenunent 3301 East Tamiami Trail, OCPM Bldg. Naples, Florida 34112 Project Name: South Ckanncl & Water Turkey Bay Dredging Construction Agreement Dated: August 26, 1997 Bid No.: 97-2629 Change Order No.: 2 Date: June 17, 1998 Change Order Description: 1. Channel Dredge and Disposal Quantity Adjustment. Original agreement amount ..................................................................... $ Sum et' prex'ious change orders amount ................................................... $ This Change Order Amount [add] ........................................................... $ Revised Agreemcnt Amount ..................................................................... $ Substantial Original contract time in calendar days .................................... 75 Adjusted number of calendar days due to prc~5ous change orders ................ 60 This change order adjusted time is .................................................................... 43- Revised Contract Dine in cMcndar days ......................................................... 135 397,405.00 36,855.58 29,040.00 463,300.58 Final 90 60 o0o 150 Original Notice to Proceed date ......................................................... Completion date based on original contract time ................................. Revised completion date .................................................................... January 2, 1998 April 2, 1998 June 1, 1998 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the scone were repeated in this acceptance. The adjustment, if any, to th/s Agreement shall constl(ute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Harol~ Date: ,~ ./'7. ~'~ Recommended by: Accepted by: OCPM ~rqjecQOnager (sign and print or wpe name) Mic, h~el W. Poff,'P._E. (.) Date: Contractor (sign and print or ~'pe name) Date: Approved by: Date: Richard Hellriegel, P.E, OCPM Interim Director (For Use bv Owner: Fund: 195 Cost Center: 110420 Object Code: 763250 Project No.: 80226) G:Lr:orms\Change Order Master.doc Revised 02/03/98 Clmngcllgll.02 d U L 2 8 SOUTII CItANNEL AND WATER TURKEY BAY MAINTENANCE DREDGING COLLIER COUNTY CONTRACT NO. 97-2629 CHANGE ORDER NO. 2 JUSTIFICATION AND SUPPORTING DOCUMENTATION Channel Dredee and Disposal Quantity Adjustment: *Actual Quantity - Estimated Quantity x Unit Price = Adjustment (18,100 C.Y. - 15,700 C.Y.) x $12.10 = .$29,040.00.. 2. Revised Schedule of Values (a) Mobilization & Demobilization (b) Channel Dredge & Disposal 18,100 C.Y.~ $12.10 (c) Upland Mitigation and Disposal (d) Landscaping (e) Turbidity Monitoring (f') Additional Turbidity Controls REVISED CONTRACT AMOUNT $172,170.00 219,010.00 19,950.00 13,815.00 0.00 38,355.58 $463,300.58 Change Order No.2HEtllh JUL 2 '-' I~$. L].. COASTAL ENGINEERING CONSULTANTS INC June $. t998 :,Ir. Her:":' E. Hubar Project Manager III ()fi'ice of CaPital Projects Management t',~.llier County Government 3501 E. Tamiami Trail :,'a?les. FL 541 i 2 South Channel & Water Turkey Bay Dredging Change Order .",'o. 2 CEC File No. 96.366 i'cr >'our ...... -.' :ks fo;.io',~[n~ is a summz=,' of chm".re order no. 2 for the. above referenced project. Dredge Volume · ' .;nv, s (CECI) post construction survey ofthe B2sed uvon Co~:2l Enclneenn,.z Consul~n:s. ' ~ ' . ,iredee channel. :he .:oral volume excavated from the perrnined limits including the overdredo_e :olerance. be:ween stations -1-00 and 46-00. st,~ approximately 18.100 cubic yards. The ,ri<in21 bid x'olu~e ',sas 15.700 cubic yards..T;ne difference is 2.400 cubic yards. At the bid unit ?rice per cubic ',-" q o~ <1 ' 10. the to~a! ch~',..:e order for "Dredo_e and Fill" is 5,29,040.00. CECI recommends a~roval of ~he additional amount. S29,040.00 !fvou have any cuestions, please contact us. Sincerely. COASTAL ENGINEERING CONSULTANTS, INC. Nlicha~:l T. Poff, P.E. ~ Coastal Division. \ ~5'" I~CEC~EA'GIDAT.4196366'~6366HH6. doc JUL 2 8 ;'.".:.~ ='7'.7E5~'2=- 2=:.E · '..~;,~LES..rLO~IDAo4104 · (o41) 643-2324,, FAX (04 .o43 ~ ] -.~ ..... mm ............ - ..... I IIII . I- I IIIII IIII I III I I IIIIIIIII III EXECUTIVE SUMMARY APPROVE CtIANGE ORDER NO. 5 TO SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACII.ITY (SCR¥~%VTF) CONTRACT II, BID NO. 96-2551, PROJECT NO. 73053 OBJECTIVE: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County' Water Sewer District, approve Change Order No. 5, for additional Instrumentation and Controls. CONSIDERATIONS: The Board of County Commissioners approved a resolution to award Bid No. 96-2551 to Project Integration Inc., in the amount of Sl 1,510.000, on Januar}, 14, 1997, agenda item 8(B)(2). Change Orders 1, 2, 3 and 4 ,,,,,ere approved administratively. Change Order No. 5 will add instrumentation and controls (I&C) to enhance operations. A copy of Change Order No. 5 is attached. This work was not included in the original design because staffelected to identify I & C needs for the project when construction neared completion. It is requested that the contract amount be adjusted as folloxvs to acco:mt for this additional work: Original Contract amount Sum of previous changes (Acid) This Change Order (Add) Nc,.,,' contract amount S11,510,000.00 $37,626.36 S32,143.00 S11,579,769.36 FISCAl. IMPACT: Funds are currently budgeted for this project in: Fund: 414 (County \Vastcwater Capital Projects) Cost Center: 263611 (Combined Wastewater Capital Projects) Project No.: 73053, (SCRWWTF - Contract II) GROWTIt MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissions, as Ex-officio the Governing Board of the Collier County Water Sewer District approve Change Order No.5 and authorize the OCPM Interim Director to execute the Change Order. PREPARED BY: Alicia Abbott. Project Manager I Office of CaFital Projects Management DATE: J U L 2 8 1 Executive Summary SCRWWTF o Contract II Change Order No.5 Page 2 REVIEWED BY: Rich Hellriegel, P.E., Interim Director Office of Capital Projects Management REVIEWED BY: ~'~.~.~_~ ~~ Timothy L. Clemons, Director Wastewater Director DATE: REVIEWED Ed Ilschner, Administrator Public Works Division AA/aa Attachment JUL 281s:d j ~G._ d J CHANGE ORDER CHANGE ORDER NO. 5 CONTRACT NO: Bid 96-2551 TO: Project Integration, Inc. 3114 45:'~ Street, Suite 10 West Palm Beach, Florida 33407-1945 Attn: Mr. Hal Myrah, Project Manager DATE: ,1998 PROJECT NAME: Collier County SCRWWTF Upgrade, Contract 2 FUND: 414 COST CENTER: 263611 OBJECT CODE: 763100 PROJECT NO: 73053 You are hereby authorized and directed to make the following changes in accordance with terms and conditions of the Agreement: (as presented in the following list and described in Exhibit A) Provide the following additions to the treatment facility monitoring system: An input to PLC-2 from the Effluent Transfer Pump Wet Well pH transmitter with Trending and Report. Total sludge flow rate to each belt filter press with reset and Trending and Report of accumulated sludge flow. Furnish and install one beacon light mounted on top of the Process and Control Building to indicate an alarm condition. Furnish and install one modem for Remote Diagnostic Link. Install and connect the following Owner furnished instrumentation equipment v,'ith programming for the new Sludge Holding Tank: One Royce Model 7011 continuous suspended solids analyzer. One Royce Model 5000 continuous pH monitor. Upgrade the existing plant water supply pump controls. FOR THE Additive Sum of: thirty-two thousand one hundred forty-three and No/100 dollars ($ 32,143.00) Page 1 JUL 2 8 ] ,G. ~ . CHANGE ORDER NO. 5 CONTRACT NO: BID 96-2551 Original Agreement Amount Sum of Previous Changes This Change Order Present Agreement Amount Add Add $ 11,510,000.00 $ 37,626.36 $ 32,143.00 $ 11,579,769.36 The time for completion shall not be changed due to this Change Order. Accordingly, the Contract Time is five hundred fifty-nine (559) calendar days. The substantial completion date is July 1, 1998 and the final completion date is September _16. 1998. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in th~s acceptance. The adjustment, if any, to the Agreement shall constitute a full and f~al settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Page 2 CHANGE ORDER NO. 5 CONTRACT NO: BID 96-2551 Accepted: CONTRACTOR· PROJECT INTEGRATION, INC. / / James G. Mansfie~ 't"FEE~'. Chief Engineer ,19 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'FY, FLORIDA EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Timothy L. Clemons Title: Wastewater Director By: Richard Hellriegel, P.E. Title: Interim Director OCPM DESIGN PROFESSIONAL HOLE, M.,~,~~ASSOC., INC. TitFe.~ rectoryroject Management Page 3 ,o. JUL 281.998 P6o .,~'""' COLLIER COUNTY WATER-SEWER DISTRICT SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY CONTRACT 2 PRE-TREATMENT, AERATION AND SLUDGE HOLDING CHANGE ORDER NO. 5 EXHIBIT "A" Nature of Work Performed under a Change in Scope Proposed Contract Modification No. 38: Additions to plant control system 1. Provide all labor, material, equipment, and services required to add the following to the treatment facility monitoring system: a. An input to PLC-2 from the Effluent Transfer Pump Wet Well pH transmitter with Trending and Report. b. Total sludge flow rate to each belt filter press with reset and Trending and Report. 2. Provide all labor, material, equipment, and services required to furnish and install one beacon light mounted on top of the Process and Control Building to indicate an alarm condition. 3. Provide all labor, material, equipment, and services required to furnish and install one modem for Remote Diagnostic Link. 4. Provide all labor, material, equipment, and services required to install and connect the following Owner furnished instrumentation equipment with .. programming for the New Sludge Holding Tank: a. One Royce Model 7011 continuous suspended solids analyzer. b. One Royce Model 5000 continuous pH monitor. 5. Provide all labor, material, equipmenl, and services required to upgrade the existing plant water supply pump controls to include the following: a New digital inputs and outputs at PLC-2. b. Programming for computer screen and pump control screen. c Associated modifications to the existin9 plant water supply pump controls. II. Changes in Contract Time for Work Performed as a Change in Scope A. Proposed Contract Modification No. 38 Total Additional Time 0 days 0 days HANGE ORDER No. 5 EXHiBiT A III. Changes in Contract Price for Work Performed as a Change in Scope A. Proposed Contract Modification No. 38 Total Change in Contract Price Page 2 $ 32,143.00 $ 32,143.00 J U L 2 8 PG. EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO HAUSINGER & ASSOCIATES, INC., FOR TIlE MANATEE ROAD ASR POTABLE WATER UPGRADES, BID #98-2813, PROJECT 70860 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Goveming Board of Collier County Water-Sewer District, award a construction contract to convert an cxistin~ deep injection test well at the Manatee Road Storage Tank site, into a usable 1.5-mgd (million gallons per da.',') potable water supply to accommodate peak demands using aquifer storage and recover':' (ASR) to Hausingcr & Associates, Inc. CONSIDERATIONS: On June 17, 1998, bids were opened for the above project. Two bidders responded. Results for the base bids are as follows: Hausinger & Associates, Inc. $498,000.00 Mitchell & Stark Construction Company, Inc. $549,000.00 Hausinger & Associates, Inc., is the lower responsive, responsible bidder. Our consultant, Hole Montes & Associates, Inc., has evaluated the bids and has verified references on the Iow bidder (bid tabulation and recommendation letter attached). Ail references are positive. Staff recommends award of the base bid to Hausinger & Associates, Inc.. in the amount of $498,000.00. FISCAL IMPACT: Funds are available in FY 98 as follows: OhLAmount: S498,000.00 Fund: (412), County Water Capital Projects Cost Center: (273511), Combined Water Capital Projects Project: (70860), Manatee Road 1.5-mgd ASR Project GROWTIt MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a construction contract to Hausinger & Associates, Inc., in the amount of 5498,000.00. for the Manatee Road ASR Potable Water Upgrades project, Bid #98-2813. Executive Summary .,\ward a Construction Contract To Hausinger &Associatcs, Inc. Parc ? Peter Schalt, PMP, Project Manager Office of Ca_pital Projects Management REVIEWED BY: d~~.Z~ ~~DATE: Richard Hellriegel, P.E., Interim Director Office of Capital Projects Management -Steve C~mcll, Director Purchasing/General Sc~'ices Department Paul Mattausch, Water Director Public Works Division REVIEWED ~ Ed Ilschner, Administrator Public \Vorks Division DATE: PS:ps JUL 2 Prosorvir~ ar~ ~nh~ncing Flonda'$ qu~ly o! l;f~ xln~ HOLE, MONTES & ASSOCIA'[ES, INC. ENGINEERS P!..ANNE F~S SURVEYORS July 13, 1998 Mr. Pctc Schalt Office of Capital Projecu Management. Collier County Government Center, Bldg. D 330t East Tamiami Trail Naples, Fl. 34112 Manatee Road Potable Water Upgrades Hole, Montes & Assoc. No. 1996098 Dear Pete: We have reviewed the bids received by Collier County for the project referenced above. The two bids, from Hausinger & Associates, Inc. and Mitchell and Stark, appear: to be in order and Hausinger & Associates, Inc. ,,,,,as the Iow responsive bidder. We also contacted the references pro¼dcd for Hausinger & Associates, Inc. and received vet?' favorable comments from three of the contact:;. Based upon our review of the bids and comments received from their references, we recommend awarding the project to Hausinger & Associates, Inc. at the bid mount of $498,000. Should you need additional information, please do not hesitate to contact me. Sincerely, HOLE, MONTES AND ASSOCIATES. [NC, G. Dean Milton, P.E. Environmental Engineer CC: Bob Wright, Missimer Don Williams, TLC JUL 2 8 .... EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND TASK FORCE )R TIlE HOblELESS AND EXECUTE A RESOLUTION REGARDING SAME. ~: To provide parking spaces to Task Force for the Homeless so that St. Matthew's House food kitchen may continue to operate without being in violation of County Code concerning required parking. CONSIDERATION: Since 1989, Task Force for the Homeless, a tax exempt charitable trust, has utilized twenty (20) parking spaces in the north parking lot of the Collier County Government Center in order for the food kitchen at St. Matthew's Houses to operate without violating County Code concerning required parking. With the current Lease Agreement ("Lease") expiring on September 29, 1998, the Task Force for the Homeless ("Lessee") has requested continued use of the parking spaces. The attached Lease provides for a one (1) 3'ear term with a renewal provision for one (l) additional year providing the Lessee is not in default of an5' of the terms of thc Lease. The Lease contains a provision for Collier County to terminate the Lease with or without cause by providing the Lessee with a thirty (30) day written notice. The Office of the County Attorney, Public Services Administrator, Risk Management Department and Facilities Management Department have reviewed the attached Lease. FISCAL !~IPACT: The annual rent often Dollars (S10.00) shall be deposited into the following account: t001 - General Fund 013010 - Other General Administrative GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Task Force for thc lqomclcss and authorize its Chairman to execute same and thc Resolution concerning sam e. . PREPAREDB ~ ~ /~ ;~. Michael H. Dowling, Real ot~rty~ecialist, DATE: Real Property Management Department .,.~..: ~ .//.~ / ~' ~/ DATE: Skip Camp, Director, F/ca,.~itiesqMan '~g~ment Department REVIEWED t/Thomas W. Olliff, Adrm/m,n,~rat~, Services Divisi~n~ AGENDA ITEM JUL 2 8 1998 Pg..,, LEASE AGREEMENT Lezse ;731 THIS LEASE AGREEMEN'T entered into this day of . :.~9~. beta;:' Task Force for the Homeless. a tax ex:rapt ch--m~ble SPas:. by tis unders:gr~ed Execun~e D:rec:..*r :~ho h~s d..:ly authonzed bv :he Tm'st to execute thts Lease AD'cement. ',,.hose ma:ling address ;s 2-~31 So;.:'.h A:r";:" Roa'J. Naples. F!cnda 3.:'1!2. h.-reina,qer referred to ~ "LESSEE'. and COLLIER COUNTY. a po!m:.' subdwismn o£th':. State of Flend:~. ',,.hose maihng ad4.-ess is 3301 E~t T~u'mami Trail. Naples. Fiend', ..141 here:naP, er referred :o as "LESSOR'. WITNESSETH In consid:ra:~on of the mutual co~:n&nts COhO:ned hereto, and other valuable cons:defoe:on, the pam~, agree as follows ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR twenty (20) parking space, in ~he Collier Count???' Government Center pazkJng lot. hereinafter referred to as "Demised Premises" ir' accordance with the terms of this Lease. Said parking spaces shall be designated for the following uses: one ( I, hz'ad;capped, one (1.~ loading zone and eighteen (18) regulaz. ARTICLE 2. Z~ LESSEE shall have and hold the Demised Premise for a ecrm of one (1) year, commencing on Sept:mbo' 29. 1998, and ending September 28. 1999. LESSEE is granted ~he option, provided it is not in default of any o~ the terms of this Lease. to renew same for one (I) additional term of one ('1) year under the same terms a~d conditions, as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not lc:. than sixty (60) da?'s prior ta the expiration of the leasehold estate hereby created. Said no:ice shall be effecnx, upon placemen: of:he ,':.eric: in ~n official depository of the United States Post Office, Registered or Cenifi': ' .'Mail. Postage Prepaid. LESSOR has Ihe right to terminate this Lease with or without cause by providing the LESSEE with (30/days v,'ritten notice. Said notice shall be effective upon placement of the notice in an official depositoD' the United States Post Office. Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises thc sum ofTen Dollar- {S10.00) per armum v, hich shall be due and payable on the date of execution of this kease. ARTICLE 4. Modifications te Demised Premises LESSEE shall not be permitted to m~e any changes, alterations, additions or ~mprovements to th," Demised Premises. LESSEE covenams and agrees not to use, occupy, suffer or permit said Demised Prom:scs or ,-'tn..',' pa."' thereof to be used or occupied for any purpose contrary to law or the rules or regulations of an.',' public authori:': ARTICLE 5. Assi~ment and Subletting LESSEE covenants and agrees not to assign this Lea.se or to sublet the whole or an}' pan of the Demised Premises. or to pein'de an,,' other persons to occupy same without the written consent of LESSOR An.,,' sue?' assignment or subletting, even v.'ith the consent or LESSOR, shall not relieve LESSEE from hability f:- payment of rent ar other sums herein provided or from the obligation to keep and be bound by the conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to a waiver of any of the provisions of Ibis I ease nr to b~' a consent 'o the a.ssigv, ment of'this ! ezse or subl:mng the Demised Premises. JUL 2 ARTICLE 6. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of ,,vhich is hereb:. acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from an.',' and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, in expenses (including. but no limited to, attorneys' fees and disbursements both at trial and appella arising, directly or indirectb', from any injury to. or death of, any person or persons or d~,~'nage to prope-t' (including loss of use thereof) related to (Al LESSEE'S use of the Demised Premises, (B) an.',' work or whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors.) b.', on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to resulling from any default by LESSEE in the performance of LESSEE'S obligations under this Lease. or any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees in'.'itces. In case any action or proceeding is brought against LESSOR by reason of any one or mort :herccq LESSEE shall pay all costs, attorneys' fees. expenses and liabilities resulting therefrom and shall defend suzl action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactoQ' LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements e' by other persons in the Demised Premises, or from the street or sub-surface, or fi.om any other place, or for an.'. interference caused by operations by or for a governmental authority in construction of an.',' public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty the~. an', property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOF harmless from any claims for damages, except where such damage or injury is the result of the gross negligene: or willful misconduct of the LESSOR or its employees. Thc LESSEE hereby acknowledges that the rent called far in Article 3 of this Lease has been reduced Ten Dollars {SIO.O0) and is hereby considered by LESSOR as payment of the obligation b',, LESSEE. ARTICLE 7. ~ LESSEE shall pro'.lde and maintain comprehensive general liability, including contractual bodily injur5, and propcrt? damage In a.m amount not less than One Hundred Thousand Dollars ($1gO.O00.O01 Coil:er Count', shall be lis:ed as an additional msured on said policy. LESSEE shah cm,'qS, a.-..' maintain Worker's Compensation Insurance as required by the State of Florida. All msuran:e pohc:es abo',e shall be ~ssutd a.".2 '.,.nuen '.,.~:.'. a company or compames authorized to engaged :n the bus:ness mst:anco in :he State cf F!cr:da and '.u:.'.o.~zed to do bus~ness under lBo laws of the Scale of F!o.-.da of such insurance shall bt ?ro',~ded to th= Colt,er Count>' Risk .Management Depa~ment. 3201 East T:,m~a Tra~l. Administration Bu~td:.':g. Naples. Florida. 34112, for approval prior to the comme:':.ceme.-.t of this Lea¢ Ag:cement: and shall include a pro;moa requiting ten (10) days prior ',.,,vinen notice to Collier Count'. c .' CounLv Risk .Management Depa~qmen'. m the event of cancellation or changes in policy{les) c~verage. LES'SCg r:senes the right ~o re.=sonahly amend Ihe insurance r-quiremeWs by issuance of notice in v,.'r'itiae, to LESSEE wher.-upon receipt of such notice LESSEE shall have thirty (30) days in which to ~btain stroh addition0 insurance. ARTICLE 8. Administrat~orl This Lease shall be administered on behalf of the LESSOR by the Public Services Administrator his'bet designee and on behalf of the LESSEE by the Executive Director of St..",tauhew's House. ARTICLE 9...Reporting During the tcm-~ of this [.ease. Ibc LESSEE shall submil to the Public Services Administrator on or bole? the tenth (10'") day of each month an operations report including the statistical data regarding clients sen'ed ar:, enclosing a report on changes in operations of St. Malthew's House, in order to afford the Public Ser'vicc- Administrator the data necessary for the preparation of a report to the Board of County Commissioners ,.,.hc:~ deemed necessao, by the Public Services Administrator. The Public Services Administralor shall notify th.-- LESSEE in writing within thirty (30) days ora receipt ora report of any objections thereto. Agenda ~e~ .o. /O c) ! J U [ 2 8 Pg-- r'-~ ARTICLE 10. Control and Maintenano: In an attempt to act as a good neighbor to adjacent property owners of St. Matthew's House. thc hereby agrees to momtor and control its clients and to make every good faith effort to reduce an;' nec-'-: impacts to LESSEE'S neighbors resulting from thc operation of St. Matthew's House on the Demised' Pre~,- Such good faith effo."ls shall include, without limitation, trash collection and clean up of the Demised Pre'm:, as well as reporting all incidents of trespassing or loitering to the appropriate authorities, and meeting adjacent p;operty owners on a ,egular Basis to caiscuss the LESSEE'S operations and ::s ~meact on neighborhood. LESSOR shall not be obligated or required to improve, repair, or m..a:n:a:n ~,e Dem~, Premises in any manner '.vhatsoe:'cr. ARTICLE 11 Notice~ Any notice which LESSOR or LESSEE may be required to give to the other pan>' shall be in writing the other pany at the following addresses: LESSOR Board of County Commissioners c/o Real Property Management Dept. 3301 East Tamiami Trail, Administration Bldg. Naples. Florida 3,:1112 LESSEE Chairman of Task Force for Homeless c/o Executive Director 2501 South Airport Road Naples, Florida 34112 cc: Public Services Administrator cc: Executive Director ARTICLE 12. Non-Discrimination The LESSEE in exercising any of the rights or privileges herein granted, shall no~ on the ero=nds offer color or natural ongm d~scriminate or permit discfimination against any person or ~oup of-persons m :.'. manner. The LESSOR is hereby granted the fight to take such action, any'thing Io the contra.'3,' here' not'.',~thstanding, as the United States may direct to enforce this non-discrimination covenant. ARTICLE 13. General Provisigm; LESSEE Full?' understan:ls that the police and law' enforcement security protection prey!der b?' la, enforcement agencies '~o the Demis.-d Premises is limited to that provided Io an:,' other bus:ness or age",: sm:areal m Collier Count', and LESSOR acknowledges that any special security measures deemed necessa,"-,' Ii. addmonal protec,on of the Demised Premises shall be the sole responsibility and cost of LESSOR and sha: involve no cost or expense to LESSEE. ARTICLE 14. Effective Dat~ This Lt, ase shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 15..Governing La',,. This l.case shall be governed and construed in accordance with the laws of the State of Florida. Agenda ,,o._ J U I. 2 t .q8 IN WITNESS WHEREOF, the panics hcrclo have hereunder scl forlh their h.-,nds and seals. AS TO LESSEE: ,' -~'(P:,nt N~c) TASK FORCE FOR THE HOMELESS a tax exempt charitable Trust FRANK MEEHAN, Executive Director AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORLDA BY: BAR.BAKA B. BERRY, Chairman Approved as to form and I~gr'l tsu fficiency"' ~, ,' H¢idi F. Ashton Assistant County Attorney Agenda. JUL 2 8 ISS8 p RESOLUTION 98 - I~.ESOI.UTION :\t.:TIIORIZING TIlE CttAIIC'dAN OF TIlE BOARD OF COUN~I%' CO:,IMISSIONF. RS TO EXECUTE A LEASE AGREE.MEN-r BE1%VEEN COLLIER COUN'F'~', A !'OI.!TICAL SUBDI\'ISION OF TIlE STATE OF FLOKIDA AND THE 1,-XSK FOI.',Cfi FOR TIlE IIOMELESS. A TAX EXEMPT CHARITABLE TRUST ALI.OV,'ING TIlE USE OF 'FVVI.~N"IW (20) PARKING SPACES AT TIlE GOVERN?,IEN'I CENTER CO.".II'LEX. \VHF. REAS. the Fask Force for the ttomeless, a tax exemp~ charitable Trust, ("Task Force") des:res to lease v.vcnt1. (20~ parking spaces located m the Noah parking lot at the Collier CounW Govemmcr.~ Ccn~cr {"Dcm:seal Premises") for v~mors at S;. Mauhe~Cs }louse located at 2501 South .-M~on Road. Nap!c~. t' ,ur,ca \VI!["A.',EAS. :':-.e .r;oard of Cnumy Commissioners ts satisfied that thc Demised Premises is requ:rcd for commumU' use b':' vts~tors al Sr. Matthew's ltouse and the Demised Premises ~s not needed for Count':' pu~oses, and. '~'.'H ERE.:..S. :l'.e i;oard of Co,ur.t:.' Comm~ss:oners ~s desirous of Ieasmg the Demised Premises Io :he Task Force. NOW TI IEP. F. FORE. BE IT RF. SOLVED BY TIlE BO..\IU.) OF COU,~TY CO.",IMISSIONEP, S OF COLLIER COt'NT'F. FI.OF. IDA. TItAT: I. Thc Demised Premises ~s reqmred by use of the v~s,ors to St. Matthew's House and is not needed for Count' puq~oses. 2 'l-ne term ol'the l.ease ts one (11 >'ear, with the opt,.on to renew for one (1) additonal term of one ( I ) .'.'car. at an annual rental payment ofTen Dollars ($10.00), : 'IZqc Boar,! o:' C,)un:y Comm,,ss;oners does hereby approve the attached Lease Agreement between; ('olhcr {.',,u~z':,. a political subdlvls;on of the State of Florida. and thc Task Force for the Homeless. a lax exempt char:tab;c 'l'rus:. 4. 'IS',c Cha:rman or' the Board of County. Comm~sstoners of Colher County, Florida, is hereby authorized to execute the al:ached Lease Agreement. Th,.;s Resoim:oa adop:cd th~s ~ da.',' of , 1998 after motion, second ar, d major:f: ,,'otc ,-VITEST: DWIGHT E. P, ROCK. Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COU,'N"IW. FLORIDA BARBARA B, BERRY. Chairman Approved as to and l,egat sc(tic;eno'.'i.. . fte~;di F, Ashton Ass~stan; Cour, t)' ,,\ttomc': 1998 EXECUTIVE SUMMARY ..\UTHORIZE STAFF TO ASIEND CHAPTER 89-449 AS IT RELATES TO COUNTY PARKS. Objective: To obtain authorization to draft and bring back to this Board a proposed Bill to amend Chapter 89- 449. Lav.'s of Florida. a Special Act that relates to activities at all Collier County Parks and specified areas adjacent thereto. Consideration: Chapter 89-449. as now amended, absolutely prohibits many activities that the Count.',' Parks and Recreation Department would like to authorize for special occasions. Often times, staff receives requests. v.'hich directly violate the current lax,.', but in reality are deemed reasonable in nature. The cun'ent Law constricts the authoritative powers of both staff and the Board to allow exceptions. Staff proposes that the statute be amended to permit "home rule" where the Board will assume tile authority to create tile policies in the matters of count.'.' parks. A Special Act creating "home rule" of this park statute is consistent v:ith many other counties through out the state. Fiscal impact: None. Growth Management: None. P, ecornmcndation: That the Board authorize Staff to draft a proposed Bill to be brought back to the Board for presentation later this ,,'ear to our local I,egislative Delegation for submission to the Florida Legislature to amend Chapter 89-449~ Laws of Florida, a Special Act related to Collier County Parks and specified areas ~lediately adjacent to such Count>' Parks. John°Dunnuck. Operations Coordinator Department of Parks and Recreation Reviewed and --"~///,- /~ /ff~ , ,. , Maria Ramsev. Director Department of Parks and Reci'eation Reviewed and Approved by:" ,~x~ !~~_ Tho~'W. Olliff. Ad~strator Division of Public Ser~'ices Date: Agenda, JUL 2 8 1998 F'~o I __ EXECUTIVE SU'MMARY APPROVE FUNI)ING TO CONSTRUCT A PLAYGROUND AT GOLDEN GATE COMMUNITY PARK. Objective: Ttlat the Board of County Commissioners approve a budget amendment to fund the construction of a playground at Golden Gate Communit5' Park. Consideration:The Board tentatively approved 530.000 towards a playground structure at tim Golden Gate Community Park for fiscal year 1999. Staff is requesting that the Board authorize staff to utilize available reserve funds to accelerate this project. Several months ago staff conducted a site inspection of the wooden playground structure at the Golden Gate Community Park and found that several of tile support beams at the base of the structure were rotting underneath the ground (sec enclosed pictures). Subsequently, staff deemed it necessary to remove the structure due to its unsafe nature and the fact that the playground structure was unsalvageable. The removal of the wooden equipment has left a void in thc pla.,,' value of this park. By approving this request, staff will have a head start lo bid and order tile modular playground equipment before the Fall season when evening leagues begin and man.',' children utilize the playground area. Growth blanagement: None Fiscal Impact: Funds will be transferred bv bud-ct= amendment from the park improvement fund reserves (306-919010) into the park improvement fund. parks capital improvements (306- I 16360) in the amount of $30.000. Recommendation: project. That thc Board of County Commissioners approve a budget amendment for said Prepared by:~ '~-"~~ ~d John Dunnuck. Operations Coordinator Department of Parks and Recreation Reviewed and ../'"/7/'?- ~ ~,. Approved by: ////.~/~ T/~,.._ ,,~/~5..';7'.':.e..~ Maria Ramsev. Director,~.;' Department o'f Parks an~{ R~.q:reation Reviewed and Approved bx': t~ ~"~ . ThoTM as~-V: ~lli ff3\"3~ strator Division of Public Sen'ices Date: Date: Date: "7' "7,' J U L 2 8 B I8 GOI,DEN GATE COMMUNITY PARK Replace Wooden Playground Area FY99 1. A view of the whole wooden structure doesn't show thc problems. 2. A close-up,however, shows the Rotting supports. There are (91 supports completely rotted. 4. This playground is scheduled to be tom down for safety reasons leaving a void. Proposed Renovation: Replace wooden structure with a new colorful playground similar to other structures throughout parks. Cost: S30,000 JUL 2 8 EXECUTIVE SUMMARY APPROVE THE F.R.I).A.P. GRANT AGREEMENT COMMUNITY PARK. FOR SOUTtt NAPLES Objective: That the Board of County Commissioners approve the Department of Environmental Protection, Florida Recreation Development Assistance Program grant agreement for South Naples Community Park. Consideration: The Parks and Recreation Department received official approval from the Department of Environmental Protection for a $100.000 matching Florida Recreation Development Assistance Program grant on Ma.,.' 29, 1998. The grant will provide $100,000 tov,'ards the development of the following features at South Naples Community Park: oa ball field · nature / walking trail · bike path $ 75,000 $ 12,500 $ 2.s00 $100,000 These features have already been drawn into the site plan of thc park; therefore, this grant saves the County $I00,000 towards the project with little future obligations other than te maintain said park. Upon approval from the Board. a completion date of two .,,'ears will be written into page 4 of the agreement by the DEP. This timeline falls well within the estimated project completion of May 1999. The DEP wiil reimburse the Count.,,' upon completion of said amenities and site inspection. Growth Management: Sugden Regional Park is inventoried within the Growth Management plan. Fiscal Impact: Initial funding for the grant will be paid out of the Community Park Impact Fee Fund. South Naples Park project (368. project #80037). Upon completion, the County. ,,,.'ill receive a 5100.000 reimbursement. Recommendation: Staffs recommends that the Board approve the Department of Environmental Protection, Florida Recreation Development Assistance Program grant agreement. Preparedbv: 9~?.~-~~/ ' ffS;hn Dunnuck. 6perlions Coordinator Department of Parks and P, ecreation Reviewed and V/Td ,,, /~ ,~/~ Approved by: // l'" l /~ ~ ~/ Department of Parks and Rec'reation Date: ~,/'~ Date: Reviewed and [ _ Approved by:~ ~. ~ Thomas W. Olli'ff~Administra~[:~ Division of Public Sen'ices Date: '~.' el Agtnda Item JUL 2 8 1998 Pg.-- F9133 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 1~ , by and between the State of Florida, DEPARTMENT of EnviroPmental Protection, hereinafter called the DEPARTMENT, and Collier County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. Page 1 of 11 ~gend~ ~M ~o._ JUL 2 8 1998 Pg ,~ 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as South Naples Community Park(Florida Recreation Development Assistance Program, FRDAP Project Number F99133), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3. The GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified for good cause by the DEPARTMENT: Baseball field, nature/walking trail, bike path and other related ~upport facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis,to the GRANTEE, funds not to exceed $100,000.00, which will pay the DEPARTMENT'S share of the cos of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMEMT Amount $ 100,000.00 50% GRANTEE Match $ 100,000.00 50% Type of Match Cash and/or In-kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTMENT amount until completion of Page 2 of 11 Agenda Nc) .~ UL 2 8 998 the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, DEP Form 42-006, is submitted to the DEPARTMENT by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement Documentation Form, DEP Form 42-005. 6. The GRA/~TEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURe, and incorporated into this Agreement by reference as if fully set forth herein. The GRA/~TEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTE[C'S adopted procurement procedures. Expenses representing the PROJECT costs, including required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be utilized by the DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. 7. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. Page 3 of 11 Agenda It~ JUL 2 8'1 98 8. PROJECT funds may be reimbursed for eligible costs incurred by GR~d~TEE prior to execution of this Agreement if the GRANTEE has been granted a written Waiver of Retroactivity by the DEPARTMENT and all applicable requirements have been satisfied. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Agreement with the exception of $ 0 , for: N/A. 9. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The completion date may be extended by the DEPARTMENT for good cause at the written re~est of the GRANTEE and must be made prior to PROJECT completion date. 10. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent as identified in the PROJECT application, or successor, shall act on behalf of th GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the construction work accomplished. 11. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. 12. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall Page 4 of 11 constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 13. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further agrees to ensure that the GRANTEE's contract will include this provision in all subcontracts issued as a result of this Agreement. 14. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 15. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 16. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with this Agreement, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 17. The DEPARTMENT shall also have the right to demand a refund, either in whole or part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the Page 5 of 11 Agenda Item UL 2 8 1998 date the DEP~qTMENT calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT. 18. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 19. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida statutes. 20. Allowable Lndirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida DEPARTMENT of Transportation's specifications for road and bridge c~nstruction. Bid specifications, contracts and/or purchase orders of the GRA/qTEE must specify thickness of asphalt and square yards to be paved. 22. Prior to final reimbursement, the GRANTEE must erect a permanent ~nformation sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida DEPARTMENT of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE-owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minimum period of twenty-five (25) years from the completion date set fcrth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, permit, license, easement, management agreement or other valid interest and Page 6 of 11 ~ developed with FRDAP funds, shall be managed as an public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than DEPARTMENT approved public recreational uses, the GRANTEE shall replace the area, facilities, resource and site at its own expense with a project of comparable scope and quality acceptable to the DEPARTMENT. In lieu of accepting a replacement fac£1ity, resource or site, the DEPARTMENT may require return of all FRDAP funds with applicable interest. 24. The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRA/4TEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 25. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ab£1ity level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwLse subjected to discrimination in performance of this Agreement. 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: Page 7 of 11 I " ~genda It~em JUL 2 B lg B , i i~ I Ill --II III IIIIIIIIII ' II I II IIIIIIIIIIIII II ............. ] (a) If the a~nounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent cert£fied public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 28. Pursuant to Section 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment. The DEPARTMENT must submit a recfuest for payment to the Florida DEPARTMENT of Banking and Finance within twent~ (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 the GRA]~TEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor (A~budsman may be contacted at 850/488-2924 or 1-800-848-3792. 29. In accordance with Section 215.422, Florida Statutes, the DEPART~IENT shall pay the GRANTEE, interest at a rate as established by Section Page 8 of 11 Agenda [tqm No.~ J U L 2 8 _Pg '~ 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTF~NT's Contracts Section at 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for 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, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be Page 9 of 11 JUL 2 8 1998 reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. 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 executed by each of the parties hereto, and attached to the original of this Agreement. Page 10 of 11 JUL 2 8 1998 Pg ,,~ IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on,the day and year first above written. STATE OF FLORIDA DEPART~LENT BOARD OF COUNTY COMMISSIONERS OF OF Ei~IRON¥~NTAL PROTECTION COLLIER COUNTY By: Division Director or Designee Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Co~.onwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 ntr~ Manager By: BARBARA B. BERRY, CHAIRMAN Title: Address: 3300 Santa Barbara Blvd. Naples, Florida 34116 ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to Form and Legality: This form has been pre-approved as to form and legality by Paige Haramond, Assistant General Counsel, on May 27, 1998, for use for one year. Grantee Attorney Approved as to fo[~ and legal sufficieDcy: Thoma's C. Palme Assistant County Attorney *If someone other than the chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. DEP 42-058 Revised 05-30-98 Page 11 of 11 J U L 2 8 1998 EXECUTIVE SUMMARY TERMINATE A CONCESSION AGREEMENT AT BAREFOOT BEACH. )bjective: That thc Board of County Commissioners terminates a concession agreement with Cool Concessions. Inc. for services at Barefoot Beach. Consideration:The Board entered into a food and sundry concession agreement with Cool Concessions. Inc. on September 28. 1993. This agreement stipt, lated that said vendor remit eighteen percent (18%) of said gross revenues, and that the minimal hours of operation shall be seven davs per week during season, and v,'eekends during non season months. Recently. the department received correspondence from the vendor requesting termination of' tile agreement, as the pertbrmance over the last several .','ears has not met the vendor's revenue to sustain operations. The vendor attributes these losses based on three (3) reasons: · Original sales estimates were based on park visitors and like vendor operations at similar beaches. These projections were never attained; · Many visitors do not drive all the ,,,,'ax' back to the concession location; · The institution ora parking fee reduced the number ofvisitors to the park (many of whom live in Lee County). Staff believes this move will actually benefit both parties. The lost revenue from terminating the vendor agreement would be recovered with the addition of ,.'ending machines on site in which the Count' receives thirty percent of gross revenue. In addition, those who visit the park on weekdavs during tile off season (May-October) '.','ill be able to get a snack or beverage from the '.'ending machine where previously the concessionaire was not available. Growth blanagement: None Fiscal Impact: Concession revenue at Barefoot Beach was budgeted in the general fund, beach 8: water park operations '001-156363) for fiscal '.'ear 1998 in the amount of $10,000. the amount of revenue achieved last year. Throuf, h May of this >'car. however, only S5.700 has been received and with the current drop-off for the summer, ihe concessionaire Will only produce an estimated 51.400 of additional revenue I figures based on last year) for the remainder of the fiscal 5'ear: therefore, this concessionaire will thll short of projections. This $1.400. however, most likely be recovered by the addition of vending machines. though revenues arc showing a deficit in this line item. overall forecasted revenues are on target. Recommendation: That the Board terminates said conces:5on agreement. Preparedby: ~ '~~ (J John Dunnuck. Operations Coordinator Der)artment of Park.5 and Recreation ~ M~rla ~amsey. Director// De~a~nenl of Parks an~ecreation /~/ ~ /' ~ Steve Ca'rnell. DireCtor Department of Purchasing DMsion of Public Se~ices Date Date Date EXECUTIVE SUMMARY AWARD THE FITNESS CENTER EQUIPMENT PROPOSAL, #97-2733 Objective: That the Board of CounD' Commissioners award RFP 9%2733. a proposal for fitness center equipment, to vendors who can3.' the identified manufacturer lines. Consideration: A proposal for fitness center equipment was advertised on January 23, 1998. Sixt?'-eight vendors were notified with 13 vendors requesting packages. Two (2) proposals were received on February 27, 1998. Four categories of equipment were requested for bid: free weights and benches, plate loading equipment, selectorized equipment (equipment that utilizes pins to hold weights), and cardiovascular equipment. Out of these categories, the vendors ,.,,'ere requested to provide a full description of the equipment the,',' represent including manufacturer name. weight, dimensions, power requirements, physical properties, performance characteristics, finish, and intended use. These profiles gave staff initial information regarding their product lines. The five-member selection committee then scored each line of equipment based on six criteria's including functional fit, installation and support, vendor credentials, equipment testing, cost, and references. Field testing of the equipment ,,,.'as given the greatest scoring weight of the RFP. This allowed staff to view the equipment in its environment and gain a knowledgeable feel for the qualiD' of equipment lines. The other criteria given substantial weight ,,','as the cost. Cost proposals were based upon on minimal discount percentages from the manufacturer's price lists. Staff will have the flexibility to negotiate the best price if two vendors carD' the same brand of equipment, but will still have a guaranteed discount. The Selection Committee recommends that the following vendors and product lines be approved. Berry's Barbell and Equipment Advanced Fitness Equipment Trotter. Cybex, Precor. Tectrix, Schwinn. Olympic Quinton, Precor, True. Tectrix, Monarch. York Another advantage to thc proposal is that staff will be authorized to add new product lines provided that these product lines meet the requirements of the RFP; therefore, staff will be able to purchase innovative equipment lines not currently on thc RFP list. The RFP will be utilized for the purchase of new equipment for the Golden Gate Fitness Center Expansion as well as periodic replacement of equipment for the Immokalee Fitness Center. This proposal will be in effect for a two-year period. Growth Managemen.t: None Fiscal Impact: There is 5100.000 budgeted in the fitness ce~,ter expansion project for equipment in the Community Park Impact Fee Fund (368, project #80114). Recommendation: That the Board approve RFP #97-2733 as shown herein and authorize staffto purchase from the selected product list as well as add additional product lines as may be necessary. Prepared b.v: {~- '~J,.l hi a,~.~ a (.J John Dunnuc'~:Oper~tions Coordinator Department of Parks and Recreation Reviewed and by: Department of Parks and Recreation Date: Date: Reviewed and >roved by: Reviewed and Approved by:- Steve Camelff, Director Purchasing Department Thomas W. Olliff, A~13/nistrator DMsion of Public SeYvices Date: Date: Agenda ~ttm U L 2 8 1998 Pcj o._..~ NAME OF FIRM Functional Fit {weigh-. cf e~ai.~ment, dimension, requirements, power requirements an~2 in~ended use cf e~ai.~ment Eqci~ment Testinc (ease cf use, fee!, alignment, design reiiaki!:ty, a~earance and ~aa!ity AcceDtab!e Ecnaioment Proooser's Comoan¥ Nam~ Selectio~ Committee Membek 's Signatui RFP #97-2733 "Fitness Equipment" NAME OF FIRM Fuxc'~_,: cna! Fit (we,_~ht of equi.nment, clmensicn, ~ ' ~ ~ s, Uc'.'er requirer, en~s and intended use cf e~aipment /y- Acceotable Ecruipment Proooser's Company Name Selection Committee Member's Signature~ NA~ME OF FIR/~ Functional Fit t ' (weight cf e~i~ment, dimension. 7'/°/~! r.~air_ment-, ~cwer re=~ir-m-n-s ~/ and intended use cf eTai~ment 17£-~zx~/ Equipment Testinc {ease cf use, feel, desi_cn reiiahi!iz':., a.u.~earance and c. uai i t'/ RFP #97-2733 "Fitness Equipment" /0 AcceDtab!e Ecuiument Prcooser's Company Nanny, Select~n Cp~ittee Membe~ ' ture JUL 2 BJ998 Pg. ~ _ RFP #97-2733 "Fitness E .cfuipmen t" ~ I E~ci.~ment Testinc (ease cf use, fee!, alignment, des:~.-, reiiakilstT,' a.~.zearance and c-.aaiity Acce:takle Ecuimment Proooser's Comoany Name C ._~te ember's EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN COLLIER COUNTY AND THE GULFCOAST SKIMMERS WATER SKI SHOW, INC. FOR THE COMPLETION OF TIlE GRANDSTAND FACILITY CONSTRUCTION OBJECTIVE: To complete construction of the Sugden Regional Park grandstand facility. CONSIDERATIONS: Mr. and Mrs. Herbert J. Sugden donated $200,000 toward thc construction of thc Margaret S. Sugdcn Grandstand facility. The construction estimate of $200.000 was based on figures compiled by thc Gulfcoast Skimmers, which included a great deal of donated or reduced costs materials and ir~ kind services. Given the nature of this estimate, it x~as believed that the County could not build the facilit?' ens4sioned for $200,000. As a result a construction contract was executed in Januar?' of 1997 with the Gulfcoast Skimmers for thc construction of this facility. Unfortunately, due to a substantial delay in the County's ability to obtain Arm)' Corp. of Engineers permits, which were necessary to commence substantial portions of this facility's construction. were not able to be completed 'within the one year term of the agreement. Attached is an agreement that has been developed that allows for the construction of this integral pm't of Sugden Park to be completed as originally envisioned. This agreement, as the first, requires that the Skimmers use licensed contractors, l~ave prior County approval for all planned work, and that the Skimmers or their authorized general contractor cam' comprehensive general liability insurance coverage of not less than $1,000,000 combined single Ii'nits, and worker's compensation insurance coverage with a minimum limit of 5100,000 each occurrence. The agreement has been reviewed by the Count.,,' Attorney's Office and been executed by the Skimmer's President, Mr. John Gursoy. FISCAL IMPACT: The unspent funds from the original $200,000 donation amount to $99.82430. which includes interest earned. This amount represents the total remaining County financial exposure on this project and is shown in the agreement as the total amount that will be paid to thc Skimmers for the completion of the grandstand's construction. GROWTtt MANAGEblENT IMPACT: The value of the facility, once completed, which should bc in excess of thc actually paid $200,000, xxSll b.' counted towards the Level of Sen'icc inventou' of Regional Park facilities. RECOMMENDATION TItAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize thc Chairman to sign the attached agreement betxvcen the Gulfcoast Skimmers \Vatcr Ski Show. Inc. and Collier County for the completion of the Sugden Regional Park grandstand facility construction. Prepared b.,,': ~~..~_'~~ Thonx~s W. OllilT, Pt~Sc~'iccs Administrator Agenda. lJ:~m No.. I(c _e) 7 UL 2 8 1998 / __ SUGDEN REGIONAL PARK GRANDSTAND AGREE?v'~NT THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered into on this day of , 1998, betv,,een GULF COAST SKIMMERS WATER SKI SHOW, INC., (S 'kimmers) a Florida Not-For-Profit Corporation, and TI--Ih BOARD OF COUNTY COrM]MiSSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a grandstand facility at Sugden Regional Park, Naples, Florida. WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden Regional Park located in Naples, Florida; WHEREAS, the County executed a construction agreement with the Skimmers for the same grandstand on January 7, 1997, and amended this agreement lc correct a scriveners error on May 4, 1997, and; Wt-IEREAS, the commencement of construction was delayed because of an inabi!ity to secure the necessary Army Corps of Engineers permit, and; WHEREAS, completion of the grandstand facility xvithin the original time frame was not possible due to this delay in permitting, and; WHEREAS, the Skimmers still desire to develop the grandstand facility located at Sugden Regional ark and complete the project to the satisfaction of the County. NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the parties agree as follows: ARTICLE 1. Demised Premises. The premises involved consists of the southeast part ortho lake as highlighted on the attached Master Plan. Article 2. Term. Tile term of this Agreement shall be a minimum of six (6) months commencing on July 28, 1998, and ending January 28, 1998. The Skimmers agree that all construction and improvements will be completed by January 28, 1998. Article 3. Modifications to Facility.. 1. Prior to making any changes, alterations, additions or improvements to the demised premises, the S'kimmers will provide County with all proposals and plans for alterations, improvements, changes or additions to the demised premises for County's approval, specifying the nature and extent of the desired alteration, improvement, change or addition, along xvith the estimated starting and completion time for the project, and including Gctual budget statements showing sufficient funding to complete any phase or phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers fail to complete its work within the completion time as approved by the County, County may, at its 1998 election, complete said changes, improvements, alterations or additions, in which event all improvements ,,,,'ill belong to the County free and clear ofall liens or claims. 2. The Skimmers covenants and agrees in connection with any maintenance, repair work, erection. construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the demised premises, to observe and comply with all present and futu're la,as, ordinances, rules, regulations and requirements of the United States of America, State of Florida, Count.',' of Collier and an.',' and ail governmental agencies having jurisdiction. 3. All alterations, improvements and additions to said demised premises shall be made in accordance with all applicable laws and shall at once, xvhen made or inst',.dled, be deemed as attached to the freehold ~d to have become proper-ty of County and shall remain for the benefit of County at the end of the term or other expiration or termination of this Agreement in as good order' and condition as they v,'ere installed. reasonable `.`.'ear and tear accepted. If, prior to the termination of this Agreement, or with. in thirty days thereafter, Count.',' so directs, the Skimmers shall promptly remove all construction materials, debris and equipment. Count>' may effect said removal at the Skimmers' expense upon Skimmers' failure to timely and/or fully remove all such materials, debris and equipment upon notice bv County. 4. Upon commencement of this Agreement, the Skin"mn. ers shall construct the grandstand facility as described above on the demised premises in a business-like and responsible manner, and the Skimmers actions shall not conflict with County's regular control and d.~ily operation of the Sugden Regional Park County ,.,,'ill continue to maintain t'eguiar activities and services at the Park, but ;`.'ill not cause any delay to the construction of the grandstand. 5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or an5' part thereof to be used or occupied during the construction of the grandstand facility except for the grandstand facility. .article 4. Access to Construction Site. Count>', its duly' authorized agents, representatives and employees shall have the right after reasonable notice to the Skimmers, to enter into and upon tile demised premises at all reasonable b. ours for the purposes of inspection. Article 5. Indemnity and Insurance. 1. In consideration ofTen Dollars ($10.00), the receipt and sufficiency ofwhicb is acknowledged by signing of this Agreement, the Skimmers covenants and agrees :hat it will defend, protect and sa;'e and keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty, damage, injury, cost, attorney's fees and other charges imposed for any vioh:tion o£any !aw or ordinance, whether occasioned b.v the neglect of the S.t:immers or those holding or acting under Sl.:immers, and that Skimmers will, at all times, defend, protect, indemnify and save a. nd keep harmless County against and from all claims, suits and actions, loss, injury, cost, attorney's fee, damage and expense arising out of or from any accident or other occurrence, on or about the demised premises causing injup/or death to any person or damage in loss of personal property whosoever and whatsoever during the term of this Agreement and all extensions hereof. The Skimmer's obligation under this provision shall not be limited by J U !. 2 8 P g_.~._..~ Skimmers limit of, or lack of', insurance protection. The Sldmmers shall obtain and maintain xvi~h a :eputable insurance company, at its sole cost and expense, public liability insurance against property or personnel injuo' arising out of' the construction and use of the grandstand facility. Said insurance must specify detailed coverage on the grandstand facility. 2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of this Agreement, comprchensive general liability insurance coverage, including bodily injury and property damage, in the amount of not less than Sl,O00,000 combined single limits. The Board of Count.,,' Commissioners of Collier County shall be listed as an additional insured on said policy. 3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's \\'orker's Compensation La,.,.'. The insurance coverage shall be for statutory limits in compliance with the applicable state and federal laws. Tile policy must include employer's liability with a minimum limit of SI00,000.00 each occurrence. 4. All insurance policies required shall be issued and written xvith a company or companies authorized to engage in the business of general liability insurance in the State of Florida and authorized to do business under the lav,'s of the State of Florida, with the following qualifications as to management and financial strength: The Company must be rated no less than 'A" as to financial rating in accordance with the latest edition of the Best's Key Waiting Guide published by AM Best Company, Inc. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance !rtificates of insurance prior to the construction of the grandstand facility which certificates shall clearb" indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type, amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior written notice to Count.,,'. The said general contractor shall assure that the insurance coverage provided shall require the company or companies writing such insurance policy shall provide to County, written notice of cancellation thirty (30) days prior to any such proposed cancellation. Count.',' reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor. Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance. Article 6. Utilities. The Skimmers will be responsible for all utility service charges during the construction of the grandstand facility. Article 7. Development. Skimmers shall be responsible for the retention of all necessary professionals, contractors and subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be ;ponsible for all payments to all of same and does hereby and shall indemnify and hold harmless County for any claims against County arising out of the construction ofthe grandstand facility. Skimmers shall use all due diligence to attempt to obtain re3sonable bids and quotes for each phase of construction of the project. Count,',' may review all bids received by the S~mmers. The facility must be designed as shown in the attached Site Plan. Article 8. Fin3ncing~ 1. County agrees to contribute to the development of' tho facility in the amount of $99,$24.30 for the remaining'construction of the grandstand facility. This amount represents the remaining unspent balance of the project funds of $91,$77.30 plus interest of $7,94? accrued on this amount at a rate of 6.2% for County fiscal 5'ear 1996-97 and 4.8% for fiscal year 1997-98 to date. The Skimmers covenants and agrees that it will continue to solicit contributions and donations from other members of the community to help offset the expense of' the construction of the grandstand facility. They shall provide the Count.,,' with v,~tten updates as to the financing and expenditure of County funds for this project. The County reserves the fight upon reasonable notice to audit the account or accounts for the construction project. 2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the supporting invoices from the project's general or sub-contractors, and ur>on satisfactory review by the County or its authorized representatives. Due to the inordinate de]ay in permitting this project, invoices may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized representative that tim work was performed toxvard the design, permitting or construction of the grandstand facility. Article 9 General Provisions. 1. The Skimmers t'ullv understands that the police and law enforcement security protection provided by law enforcement agencies t'or the above-referenced demised premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures for additional protectioa of the demised premises shall be the sole responsibility and cost of tee Ski:rimers and shall involve no cost or expense to Count,,'. 2. Skimmers agree tkat the facility shall be open to the public; however, the Skimmers shall have priority use of the fac ty for actMties, performances, practices, events, and or programs after County activities are scheduled as long as Skimmers remains a not-for-profit corporation in good standing and maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is hereby agreed that a schedule of dates for actMties, performances, practices, events, and or programs shall be established in advance by' both the Count>, and :he Ski.'-m'ners so as to avoid scheduling conflicts. This schedule must be agreed upon no later than .30 days prior to event, league, or program. Skimmers expressly agrees for itselff, its successors and assigns, to refrain front any use of the demised premises that would interfere with or adversely affect the operation or maintenance of the County's operations at the park. .Article l0 Termination Should the Skimmers' general contractor be found to have failed to perform his services in a manner satisfactoo' to the Count>' as per Specifications, the County may terminate this Agreement immediately for Should the Skimmers' general contractor be found to have failed to perform his services in a mamner {~}~tisfactow to the County as per Specifications, the County rna3' terminate this Agreement immediately r cause with a fourteen (14) da3' written notice. The County shall be sole judge of non-performance. County shall be responsible for payment of all work performed up to the date of termination. Article 11. Effective Date This A~eement shall become effective upon exezution by County znd Skimmers. I'N W'ITNESS WItEREOF, thc parties hereto have hereunder set .forth their hands and seals. As to County: Dated this of day 1997 BOAKD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Attest: Dwight E. Brock, C/crk of Courts By: Barbara B. Berry, Chairman ~s to Skimmers: Dated this of ~~ day 1998 Gulf Coast Skimmers Water Ski Show, Inc. John V. Gttrsoy, Presidefit / (Corporate Seal) Approved as to form and legal sufficiency: David C. Weigel Attorney Agendl I .o. JUL 2 8 1998 PPROVE A BUDGET FLOTILLA BUILDING. EXECUTIVE SUMMARY AMENDMENT RECOGNIZING FUNDS FOR THE MARCO ISLAND Objective: That the Board of Count>' Commissioners approve a budget amendment recognizing a_nd appropriating funds for the Marco Island Flotilla Building project. Consideration: On August 4. 1997. the Board authorized staff to utilize $40.000 from general fund reserves to construct a new facility at Caxambas Park: however, the term "budget amendment" was not utilized in the executive summat>.', and therefore the funds could not be transferred. Additionally the Marco Island Flotilla. Inc. contributed S20.000 towards the $60.000 cost of the facility per a lease agreement signed by the Board on June 16. 1998. This budget amendment recognizes and appropriates this revenue. Growth Management: None Fiscal Impact: Funds will be transferred in the amount of $40,000 from general fund reserves (001- 919010) into general fund. parks and other property (001-156332). Funds in the amount of $20.000 vdll be recognized and appropriated into general fund. parks and other property (001-156332). The total project cost is $60,000. {~qa:commendation: That the Board of CounLv Commissioners authorize a budget amendment for said project. Prepared by: ~ohn Dunnuck. Operations Coordinator Department of Parks and Recreation Reviewed and / Approved by: Maria R~sev. Director / Depamnem of Parks and R~creation Reviewed and Approved by: ~,,~ Thomas-'W. 'o-~ii ff. Ad~-~4ator Division of Public S Date: Date: Date: Ho .~2~g JUL 2 8 1998 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TRANSFERRING $6,200 FROM THE LDIRARY AND PARKS CAPITAL FUNDS TO TIlE MUSEUM CAPITAL I]~IPROVEMENT FUND TO COMPLETE THE MUSEUM OF THE EVERGLADES RESTORATION PROJECT OBJECTIVE: To close out the historic Everglades City laundry restoration project. CONSIDERATIONS: On June 10, 1997, the Board of County Commissioners received funding for a Special Category Historic Preservation Grant for $360,902 from the Florida Department of State, Division of Historical Resources. The grant was to assist with the restoration of the 1928 Everglades City laundry building and its reuse as a County- operated regional history museum. The building was restored in 210 calendar days and opened to the public on April 26, 1998, as the Museum of the Everglades, a branch facility of the Collier County Museum. One additional expense became necessary during the closing stages of the restoration work when it was discovered that a large section of the original wood flooring could not be salvaged, as was initially hoped. Custom-made replacement material and additional labor and floor refinishing amounted to an extra $6,200, or 1.7% of the project budget. Since all the original grant funds have now been exhausted, a $6,200 adjustment is needed due to this unforeseeable expense. FISCAL IMPACT: The attached budget amendments will transfer $6,200 from the Parks and the Library ad valorem capital funds 307 and 306 to the Museum Capital Improvement Fund (314-157410-763100), Everglades City project number 33770, for payment of the final outstanding balance. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendments to satisfy a grant shortfall for the Museum of the Everglades restoration. Approved by: Th~)r~as-'~ Public Services Administrator BUDGET AMENDMENT REQUEST For I3udg~'ffFL'~ne~ Us~ Only AP,H, D~',' ....................... FUND TITLE Museum Capital Date prepared: BCC Agenda date if previously approved. FUND NO. 314 Attach Executive Summary Item No. EXPENSE BUDGET DETA~ Museum Cost Center Title 157410 Cost Center No. Museum of the Everglades Project Title 33770 Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 763100 Improvements - 6,200 287,340 293,540 - General i TOTAL 6,200 Cost Center Title Cost Center No. Project Title IProject No. Expenditure Object Code Expenditure Title t 1[ (D ecI n c r ¢:r;Sa; e) TOTAL BC~e2t Revised Budget Agenda It~ UL 2 8 1998 tInterfund Transfers Cost Center Title ILEVENUE BUDGET DETAIL 1929020 N/A ] 00000 Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 481307 Transfer from 2,000 0 2,000 Fund 307 481306 Transfer from 4,200 0 4,200 Fund 306 TOTAL 6,200 EXPLANATION Why are funds needed? Funds are needed in the Museum Capital Fund in order to complete the Museum of the Everglades project. Where are funds available? Unspent funds are available in the County-Wide Parks Capital Fund (306), North Naples Basketball Court Project, Improvements---General (116360-763100-80016) and in the Library Improvements CiP Fund (307), Books, Publications, and Library Materials (156100-'766100). REVIEW PROCESS Cost Center Director: Division Administrator~ ¥-)C B--~u-d g et Department: Agency Manaaer: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE BUDGET AMENDMENT REQUEST For Budget."Fh'mace Use Only A.P.H. Date ....................... FUND TITLE County-Wide Parks Capital Date preparcd: BCC Agenda date if previously approved. FUND NO. 306 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL IlnterfundTransfers 1929020 IN/A 100000 Cost Center Title t t t Title IProject No. No. [Project lC°st Center Expenditure I Expenditure Increase Current Revised Object Code! Title (Decrease) Budget Budget 913140 Transfer To 4,200 0 4,200 bluseum Capital TOTAL 4,200 Projects Cost Center No. IBasketball Court Project No. Cost Center Title [Project Title Expenditure Expenditure In~?ase Object Code Title I(Decrease) '763100 [(4,200) Improvements - - General i TOTAL (4,200) 129,592 [25,392 Agenda .o. JUL 2 B REVENUE BUDGET DETAIL Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION are funds needed? Funds are needed in the Museum Capital Fund in order to co~nplete the Museum of the Everglades project. Where are funds available? Unspent funds are available in the County-Wide Parks Capital Fund (306), North Naples Basketball Court Project, hnprovements--General (116360-763100-80016). REVIEW PROCESS Cost Center Director: Division Adnlinistrator: Budo~et I)epartment: Ao~encv Mnna~er: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE BUDGET AMENDMENT REQUEST A.P H Dale .................... FUND TITLE Librarw Improvements CIP Date prepared: BCC Agenda date if previously approved. FUND NO. 307 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL Cost Center Title ICost Center No. Project Title /[Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 913140 Transfer To 2,000 0 2,000 Museum Capital TOTAL 2,000 Libra~ Administration Cost Center Title 156100 Cost Center No. Project Title IlO0000 IProject No. Expenditure Expenditure ~Increase Object Code Title (Decrease) 766100 (2,000) Book5, Publications, ,& }LibrarT Materials TOTAL (2,000) IICurrent tBudget [I55,376 Revised .Budget 153,376 Agenda J u I 2 8 REVENUE BUDGET DETAIL Cost Center Title I Cost Center No' I Project Title Project No. Revenue [Revenue Title [Increase Current Revised Object Code (Decrease) Budget Budget I TOTAL EXPLANATION Whv are funds needed? Funds are needed in the Museum Capital Fund in order to complete the Museum of the Everglades,project. Where are funds available? Unspent funds are available in the Librao' Improvements CIP Fund (307), Books, Publications, and Library Materials (156100-766100). REVIEW PROCESS Budo. et Department: A~encv Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE ] EXECUTIVE SUMMARY APPROVE TilE COblblUNITY CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTItORIZE TIlE CIIAIRblAN TO SIGN TtlE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMblISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OBJECTIVE: To obtain approval from the Board and the signature of the Chairman on thc Communit?' Care for the Elderly (CCE) grant contract with the Area Agency on Aging for Southwest Florida, Inc.. This continuation grant has been awarded to Collier Count2,.' for thc period Jul5' 1, 1998 through June 30. 1999 to fund in-home support scrx4ccs for the County's frail elderly. CONSIDERATIONS: For the past 23 ,,'ears, Collier Count".; Sen'ices for Seniors has been pro,Ading in-home support sen'ices to C~llier CounD"s frail elderly through this state funded program. This grant is in the amount of $205,472 for the period Juls' 1, 1998 through June 30. 1999 and will allow the deliver5.' of homemaking services, personal care services, respite care, medical transportation and case management services to the County's frail elderly preventing premature and costly institutional placement. The majority of these clients would be unable to remain in their homes ~Sthout this help. The County's cash matching funds for this grant will be $64,900 which was approved in the County's 1997/1998 fiscal 5'ear budget. GROWTtt blANAGEblENT: None FISCAL IblPACT: Thc grant amount is 5;205.472 and is funded from the State of Florida grants and aids appropriation administered by thc Area Agency on Aging. A total of $64,900 in local cash matching funds was approved in the FY 97/98 budget and will be funded from the General Fund (001). RECOMMENDATIONS: Staff recommends that the Board of Count>' Commissioners approve the CCE grant ,and authorize the Chairman to sign the contract. The agreement has been and appr, Count,,' Attomc, Approve the necessary Budget Amendment. Prepared b . .__ Date: Joh F~r~ell, Services for Senit rs Accounting Technician and Reviewed / . ~ ~. Approved by: ~ Date: ~/7./~'.~- nci E. Lochner, Services for Seniors Program Manager Reviewed and ~[X~x~>_~ Approved by: Date: MarthaX',gkinner, Social Services Director Reviewed and Approved by: Thon~as'X~'. (31'i~ff, Pul~fi[a~rvices Administrator Date: 1998 07/01/98 Contract No. CCE 304.203.98 STANDARD CONTRACT T~I$ CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency", and Collier County Board of County Commissioners, hereinafter referred to as the "provider". The parties agree: I. Provider Agrees: A. Services to be Provided: The Service Provider Application of Collier County Board of County Commissioners for the Community Care for the Elderly funds for July 1, 1998 to June 30, 1999, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider. B. ~anner of Service Provision: The services will be provided in a manner consistent with and described in the Service Provider Application for the Community Care for the Elderly funds for July 1, 1998 to June 30, 1999 of Collier County Board of County Commissioners and the Department of Elder Affairs Programs Management Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. C. Federal Laws and Regulations: The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other regulations, if applicable. The provider shall comply with the provisions of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, part 1910.1030. D. civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty) , property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance· The provider agrees to complete the civil Rights I / o J U L 2 8 07/01/98 Contract No. ~CE 304.203.98 Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider assures it will comply with: 1. Title VI of the civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. o Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. o Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. 6 o The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. Ail regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the right 2 07/01/98 Contract No. CCE 304.203.98 to file a complaint, the' right to appeal a denial or exclusion from the services or benefits from this contract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the agency or the appropriate federal or state agency. The provider further assures all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services, will comply with the above laws and regulations. Ze Requirements of Section 287.058, Florida Statutes: To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 2 o To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. To provide units of deliverables, including reports, findings, and drafts as specified in this contract and the Service Provider Application for the Community Care for the Elderly funds for July 1, 1998 to June 30, 1999, to be received and accepted by the agency prior to payment. 4 o To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this contract. F. Withholdings and Other Benefits: The provider is responsible for social Security and Income Tax withholdings. G. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. Provider agrees it will indemnify, defend, and hold harmless the agency and/or state and all of the agency and/or state's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during 07/01/98 Contract No. CCE 304.203.98 the performance of the contract, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. o Provider's obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency and/or state's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnify the agency and/or state, upon notice by the agency and/or stage. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract. The provider accepts full responsibility for identifying and determining the typeCs) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon execution of this contract, the provider shall furnish the agency and/or state written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The agency and/or state reserves the right to require additional insurance where appropriate. 4 07/01/98 Contract No. CCE 304.203.9~ To furnish an insuranc~ bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) Abuse Neglect and Exploitation Reporting: 1. In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). o The provider will ensure through subcontractual provisions that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be elderly persons in need of services, pursuant to s.415.1045(2) (b), or to be' victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency contracts by local protocols developed between agency service providers and adult protective services. Transportation Disadvantaged: If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative Code. JUL 2 8 1998 07/01/98 K. Contract No. CCE 304.203.98 Purchasing: Procurement of Products or Materials with Recycled Content. Any products or materials which are the subject of, or are required to carry out this contract shall be procured in accordance with the provisions of Section 403.7065 and 287.045, florida Statutes. Sponsorship: As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by Collier County Board of Count~ Commissioners, Area Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs". If the sponsorship reference is in written material the words "Area Agency on Aging for Southwest Florida, Inc, and State of Florida, Department of Elder Affairs" shall appear in the same size letters and type as the name of the organization. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. Public Entity Crime;' Denial or revocation of the right to transact business with public entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the department per section 287.133, Florida Statutes: 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 07/01/98 Contract No. CCE 304.203.98 a period of 36 months from th~ date of being placed on the convicted vendor list. Employment If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act (INA), 8 U.S.C. s.1324 a (e) ("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of this contract. Audits and Records: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflecc all revenues and expenditures of funds provided by the agency under this contract. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this contract. Such reporting requirements must be reasonable given the scope and purpose of this contract. 4. To submit management, program, and client identifiable data, as specified in the Department of El~er Affairs Programs Management Manual. To assure, through contractual provision in their subcontracts with direct service providers, program specific data is recorded and submitted in accordance with Department of Elder Affairs client Information, Registration and Tracking System (CIRTS) Policy Guidelines. No. _~lO [_e ) I JUL 2 8 1998 07/01/98 5 o Contract No. CCE 304.203.95 To provide a financial and 'compliance audit to the agency as specified in ~TT~CHMENT I and to ensure all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. This contract is funded from a grants and aids appropriation. Retention of Records: 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. 2. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Monitoring and Incident Reporting: 1. To provide progress reports, including data reporting requirements as specified by the agency. These reports. will be used for monitoring progress 'or performance of the contractual services as specified in the approved Community Care for the Elderly Service Provider Application for July 1, 1998 to June 30, 1999. 2.. The Area Agency will perform the required administrative monitoring of service providers in accordance with the agency's unit rate contract monitoring checklist. 3. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the agency will deliver to the provider a list of its conceFns with regard to the manner in which Agend~a, I~t~e~ JUL 2 07/01198 Se Contract No. CCE 304.203.98 4 0 said goods or services are'being provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justify within a reasonable time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this contract. The provider will notify the agency within 48 hours of conditions related to rate agreement performance that could impair continued service delivery. Reportable conditions may include: proposed client terminations financial concerns/difficulties service documentation problems contract non-compliance service quality and consumer complaint trends. The provider will provide the agency with a brief summary of the problem(s) and proposed corrective action plans and time frames for implementation. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a recipient of services under this contract for any purpose except upon written consent of the recipient, or the recipient's authorized representative. Assignments and Subcontracts: Agency approval of the provider's Service Provider Application for the Community Care for the Elderly funds for July 1, 1998 to June 30, 1999 shall constitute agency approval of the provision of services as outlined in the service provider application. A provider cannot directly subcontract with another provider for service provision unless agreed upon in writing between the agency and provider. Section I, Paragraph N. is only applicable to state agencies or political subdivisions of the state. Agenda I~e~m No. 07/01/98 U. Contract No. ~CE 304.203.98 Final Request for Payment: 1. To submit the final request for payment to the agency no more than forty-five (45) days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. 2. A final receipt and expenditure report as a closeout report will be forwarded to the agency within sixty (60) days after the contract ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the agency along with the final receipt and expenditure report. Return of Funds: 1. 2 o To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the agency. The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. bo In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made,, the agency will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance thirty (30) calendar days after the date of notification or discovery. 10 -Agenda !t~m .o.. JUL 2 B 1998 07/01/98 Contract No. CCE 304.203.98 II. The Agency Agrees: ae Contract ]%mount: Subject to the availability of funds, the agency will reimburse no more than a total dollar amount of ~ for expenditures made in accordance with the approved budget for Community Care for the Elderly funds, ~TTACHMENT II to this contract. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. SERVICE REIMBURSEMENT Case Management Transportation Lead Agency Operations Cost Reimbursement Amount $120,843/ $30.57 $ 1,252, $ 8.53 $83,$7Z ~ Contract Payment: Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than five working days to inspect and approve goods and services, unless bid specifications or the contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, .or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to thc invoice amount. Payments to health care providers for hospi'cals, medical or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined, and the interest penalty is set by Subsection 215.422(13), Florida Statutes. Invoices returned to a vendor.due to preparation errors will result.in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. Vendor Onubudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include 1l " Agend&. JUL 2 1998 07/01/98 Contract No. CCE 304.203.98 acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. III. Provider and Agency Mutually Agree: ne Effective Date: 1. This contract shall begin on July 1, 1998 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 1999. BJ Method of Payment: 1. This is a contract incorporating cost reimbursement of actual expenditures for lead agency operations and reimbursement for actual units of service delivered paid according to the schedule stipulated in Section II. A. Two reports will be submitted to the agency from the provider for reimbursement. The Invoice for Services and Contribution report will document the actual units of services delivered. A request for payment and expenditure report will be submitted to support requests for payment of lead agency operations on the AAA Form MDOEA 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format included on agency forms. 2. The provider if eligible, may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ~TTACHM~NT III to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. 3. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the 12 l A genda. I.te~ .o. J u I. 2 Pg ..~_._.._ 07/01/98 Contract No. CCE 304.203.98 agency within thirty (30) days of the end of the first quarter of the contract period. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. Ce To submit a complete and accurate quarterly Service Cost Report, DoEA Form 110, to the Fiscal Specialist by October 15, 1998, January 15, 1999, and April 15, 1999. A complete and accurate annual Service Cost Report, DoEA Form 110, will be submitted to the agency per subcontract within sixty (60) calendar days of June 30, 1999. The SFY 98-99 Community Care for the Elderly spending authority for your county is $350.375. An additional amount of funds have been set aside to be used for providing services to those clients referred by Adult Protective Services. The amount of funds available for emergency services in your county is $7.481. A Lead Agency must not exceed allocated spending authority limits. A Lead Agency will have to control vendor billings through care plans so that vendors do not overspend budget allocations. A Lead Agency will have to monitor vendor billings to ensure care plans are adhered to. The agency will work with a Lead Agency to assure clients billed for are entered into CIRTS, and otherwise monitor expenditures for problems that could contribute to the lead agency exceeding program spending authority. The agency will furnish the lead agency a monthly report of payments made to vendors. These reports will be helpful with identifying program spending patterns among service providers and will assist in the managing of program budgets. Termination: 1. Termination at Will This contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds 1:3 07/01/98 De Contract No. CCE 304.203.98 In the event funds to finance this contract become unavailable, the agency may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of brea~h of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the agency's right to remedies at law or to damages. Suspension: 1. Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the contract. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this contract; it includes, but is not limited to, the provider's failure to permit inspection of records, provide reports, rectify deficiencies noted by the agency within the time specified by the agency, or to use funds as agreed in this contract, or such other cause as might constitute breach of any of the terms of this contract. o The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify the provider in writing by certified mail of: the ~4 07/01/98 Contract No. CCE 304.203.98 action taken; the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: corrective actions necessary to remove the suspension; the provider's right to an administrative hearing; and, the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). Notice and Contact: The representative of the agency responsible for the administration of this contract is: 2 o Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First St. Fort Myers, FL 33901 (941) 332-4233 The name, address and number of the representative of the responsible for administration of the program under this contact is: telephone provider Fe Project Manager Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg. H Naples, FL 33962 (941) 774-8443 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. Renegotiation or Modification: Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if revisions of any applicable laws, or regulations make changes in this contract necessary. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. 15 Agenda 11; e,m UL 2 8 1998 _ 07/01/98 G. Contract No. CCE 304.203.98 Special Provisions: 1. Match The provider will assure a match requirement of at least 10 percent (lO%)of the cost for all services. The provider's match will be made in the form of cash and/or in-kind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. Program Income Program Income earned may be spent in the same year as earned. Any program income funds not spent may be carried forward into the next fiscal year. Any prior year program income carried forward must be spent in the following year. State Laws and Regulations The provider agrees to comply with applicable parts of Rule 58C-1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Programs Management Manual. bo The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. Property a o Non-expendable property is defined as tangible property of ~ non-consumable nature with an acquisition cost of $500 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $100 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or the general public. bo Ail property, purchased under this contract or purchased by the agency and received by the provider shall be listed on the property records of the provider. Said listing shall include a 16 07/01/98 Contract No. CCE 304.203.98 description of th~ property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. Co Ail purchased property shall be inventoried annually. An inventory report will be submitted to the department upon request by the agency. do Title (ownership) to all property acquired with funds from this contract or otherwise purchased by the agency shall be vested in the agency upon completion or termination of the contract. eo At no time shall the provider dispose of non- expendable property except with the permission of, amd in accordance with instructions from the agency. f o An area plan amendment is required to be submitted and approved by the agency prior to the purchase of any item of non-expendable property not specifically listed in the approved budget. g. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of this contract. An ITR worksheet is required for any' computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the contract manager from the agency's Network Administrator for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require their subcontractors comply with the agency's ITR procedures. 5. Reports The provider agrees to submit complete and accurate Quarterly CCE/HCE/ADI Program Reports to the Program 17 Pq.~ 07101198 Contract No. CCE 304.203.98 Specialist by October 15, 1998, January 15, 1999, April 15, 1999, and July 1999. Complete and accurate quarterly Service Cost Reports, DoEA Form 110, must be submitted to the Fiscal Specialist by October 15, 1998, January 15, 1999, and April 15, 1999. A complete and accurate annual Service Cost Report, DoEA Form 110, will be submitted to the agency per subcontract within sixty (60) calendar days of June 30, 1999. A complete and accurate Annual Transportation Report must be submitted to the Program Specialist by September 1, 1999. The provider agrees to submit an annual report as described by the department's Division of Long Term Care Policy by August 31, 1999. Copyright Clause Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures In accordance with ATTACKMENT IV, Minimum Guidelines for Recipient Grievance Procedures, the provider will assure that service provider agencies have procedures for handling complaints from persons who complain service has been denied, terminated or reduced improperly. Investigation of Allegations Any report that implies criminal intent on the part of a 07/01/98 9 o Contract No. CCE 304.203,~ service provider agency and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an Area Agency or service provider to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the Area Agency and its service providers. In the event the President of the United States or the Governor of the State of Florida declares a disaster or state of emergency, the Department cf Elder Affairs may exercise authority over an area agency or service provider to imple;.~nt emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the Department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential disaster area or actual disaster area. 10. Volunteers 11. The Area Agency on Aging will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the Area Agency on Aging will increase the use of volunteers in the planning and service area by providing training, technical assistance, and funding, where possible, to their contract agencies. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long 19 ~ ....~ge.%a ~t~m 1 ! Ju L 2 8 1998 07/01/98 12. Contract No. CCE 304.203.98 Term Care Services (CARES)'Program to be at imminent risk of nursing home placement and referred to the Community Care for the Elderly Program will have services started immediately. The Area Agency and lead agencies must shelter an adequate portion of funds to serve these CARES referrals. Business Hours Lead Agencies must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. 13. Medicaid Waiver 14. The provider will, through the assessment by case managers, identify Medicaid eligible CCE clients who meet Medicaid Waiver criteria and refer them to CARES and SSI related Payments (if applicable) for approval for Medicaid Waiver services. Approximately 44% of the general revenue funds necessary to support approved clients will be transferred to match the 56% federal funds in order to increase provider Medicaid Waiver spending authority to serve the clients. The identified funding for this transfer activity will be reported to the area agency for submission to the Department of Elder Affairs by October 15 of the fiscal year. Client Information, Registration and Tracking System (CIRTS) and Management Information Systems The Area Agency on Aging shall employ a Local Area Network (LAN) Administrator who shall assure Area Agency on Aging compliance with the requirements of the "LAN Administrator Guidelines" adopted by the Department of Elder Affairs. These "Guidelines" delineate the roles and responsibilities of the Local Area Net%;ork Administrator. The Area Agency on Aging shall assure any other support necessary for full "LAN Administrator Guidelines" compliance. Lead Agencies will ensure the collection and maintenance of Community Care for the Elderly (CCE) client and service information on a monthly basis from the Client Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to Department of Elder Affairs standards. Lead Agencies nust enter all required data per the 20 07/01/98 15. Contract No. CCE 304.203.98 Department's CIRTS Policy Guidelines for CCE clients and services in the CIRTS on a monthly basis. The data must be entered into the CIRTS before the Lead Agency submits their request for payment and e×penditure reports to the Area Agency. Data includes case management, case aide, and transportation units of service as well as vendors' units of service. The Area Agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. This will include deadlines of submission of Weekly Invoice for Services/CIRTS Data from vendor to the lead agency. Lead Agencies will run monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the Area Agency with the monthly request for payment and expenditure report and must be reviewed by the Area Agency before the Lead Agency's request for payment and expenditure reports can be approved by the Area Agency. .Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Suspension" clause of this contract (see Section III, D.). f. Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each Area Agency on Aging, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to 'the continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. Co-payment Collections The Area Agency on Aging will hold back 5 percent (5%) of the provider contract amount from the Requests for Payment within the first seven months 21 No .~_/0 JUL 2 8 1998 07/01/98 16. Contract No. CCE 304.203.98 Co of the contract year. The amount of funds so held back shall be released to a provider upon collection by the provider, by March 15, of 50 percent (50%) of the total co-payments projected for collection by the provider for the contract year. Within three business days of March 15, the AAA will determine which providers have collected, on or before March 15, 50 percent (50%) of their total projected annual co-payments. The Area Agency will release to each such provider all funds so held back from such provider. The Area Agency will reallocate all funds held back from providers who fail, by March 15, to collect 50 percent (50%) of their total projected annual co-payments. All such funds held back will be distributed pro rata only to providers who have collected, by March 15, 50 percent (50%) of their total annual projected co-payments. ' The Area Agency will certify to the Department, not later than April 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co-payment collection projections by March 15. Upon failure of the Area Agency to so certify by April 1, the Department will reallocate such funds among the PSA's for distribution to providers who have collected at least 50 percent (50%) of their projected annual co-payments on or before March 15. Client Referrals to Vendor Agencies In counties where there is only one agency- contracted service provider for a particular service, referrals to that vendor will be made by Lead Agency case managers up to the level of (and to maintain service levels at) that providers stated capacity. In excess of this level, referrals will be made to backup or overflow provider(s); if more than one backup provider exists, then clients will be given a choice of available providers. In counties where the agency has contracted with more than one provider for a particular service, referrals will be made to vendors based on client 22 JUL 2 8 1998 07/01/9s contract No. C~E 304.203.98 choice. If the client has no preference, then referrals will made by the Lead Agency case managers on a rotation basis. 17. Client Outcomes a o In preparation for performance-based program budgeting, the area agency on aging will develop client outcome measures consistent with those developed by the Department, including the following: Elders will live in the least restrictive and most appropriate setting Services will be provided to those elders most in need Frail elder functional status is maintained or improved Long-term care resources are efficiently and effectively used Client environment is maintained or improved Social interaction is improved Nutritional risk is reduced Caregiver emotional and physical health are maintained or improved Elders, families and/or caregivers are better informed so that elders are better able to exercise autonomy and make informed choices In preparation for performance-based program budgeting, the agency will set targets .for the performance of outcome measures. These targets will be amended into contracts. The Lead Agency will be responsible for achieving these targets. 18. Management Objectives Ensure effective communication between staff and board Ensure adequate planning and preparation occurs in the development of the service provider application and amendments/revisions within Agency's established time frames 23 JUL 2 El lggB 07/01/98 Contract No. CCE 304,203.98 Name, Mailing and Street Address of Payee: The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Project Manager Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg. H Naples, FL 33962 The name of the contact person, telephone number where financial records are maintained: street address and and administrative Project Manager Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg. H Naples, FL 33962 (941) 774-8443 IN WITNESS THEREOF, the parties hereto have caused this 30 page contract to be executed by their undersigned officials as duly authorized. Collier County Board of County Commissioners AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED SIGNED BY: BY: NAME: Barbara B. Berry NAME: Mary Alice Ferrell TITLE: Chairman TITLE: BOARD PRESIDENT DATE: L/3C~ FEDERAL ID NUMBER: PROVIDER FISCAL YEAR Approved as to legal DATE: 596-000-538 form and sufficienc : 24 County Attorney ...... I N0~._~j/~~'~'~u ~'-~'~'''~ ] ~n~ I~"0 07,/01/98 Contract No. ~ ATTACHMENT I FINANCIAL AN'D COMPLIANCE AUDITS tttachment is applicable, if the provider or grantee hereinafter referred to as provider, is any local government entity, nonpn organization, or for-profit organization. PART I: SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from agency during its risc. al year. The provider has 'received" funds when it has obtained cash from the agency or when it has incurred expert which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the curt Government Auditing Standards ('Yellow Book') issued by the Comptroller General of the United States. Local governments shall eom with Office of Management and Budget (OMB) Circular A-128. Audits of State and Local Governments. Nonprofit providers receivLng rede funds passed through the agency shaJl comply with the audit requirements contained in _OMB Circular A-133 . Audits of Institutions of Hig Learning and Other Nonprofit Institutions, except as modified herein· Such audits shall cover the entire organization for the organizatio fiscal year, not to exceed 12 months· The scope of the audit performed shall include the financial audit requirements of the 'Yellow Boo and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that disclo each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, statutes referenced in the contract. Where applicable, the audit repot/ shall include a computation showing whether or not match requirements were met. All questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report ~, reference to the agency contract involved. These requirements do not expand the scope of the audit as prescribed by the 'Yellow Book' If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports(s) in aceordm rules of the Auditor General, chapter I0.600, and indicate on the schedule of financial assistance which contracts are funded from st and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed independent auditors, other than the Auditor General, shall be subrrdtted within 150 days after the end of the provider's fiscal year, ual otherwise required by Florida Statutes, to the following: A. Fiscal Specialist for the agency (3 copies) B. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the Census Seffemonville, Indiana 47132 C. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dvo'er Offi~ of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The providec shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five ye from the date the audit report is issued, unless extended in writing by the agency. I04A 25 JUL 2 8 1 98 Pg' ~ ~ 07/01/98 Contract No. CCE 304.203.98 PART II: GRANTS AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than 525,000 from the agency during its fiscal year or (2) a for-profit organization any amount from the agency. The provider has 'received' funds when it has obtained cash from the agency or when it ha_,; incurred which will be reimbursed by the agency. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rule.,; of the Auditor General, chapter 10.600. The audit report shall include a ~hedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings relat~ to contracts with the agency shall be ba.~;ed on the contract requirements, including any rules, regulations, or statutes referenced in the contract. ¥,~ere applicable, the audit report shall include a computation showing whether or not matching requirements were met. Ail questioned costs and liabilities due to the agency shall be calculated and fully disclo~..d in the audit report with reference to the agency contract involved. If the amount received fiom grants and aids appropriation av.'ards exceeds $25,000, but does not exceed $100,000. the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penalties of perj'ury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all olher correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 180 days after the provider's fi~al year end to the following: A. Fi.~.al Specialist for the agency (3 copies) B. Jim Dw?'er Office of' the Auditor General P.O. Box I735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is i~gued, unless extended in writing by the agency. PART III: NO AUDIT REQUIREMENT This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (i) a local government entity or nonprofit organization receiving a total of le.~ than $25,000 from the agency during its fi~al year or (2) a for-profit organization receiving ~ny amount from the agency. The provider has 'received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider has no audit or attestation statement required by this attachment. EK) EA- 10.48 9/'30/91 26 07101/98 Contract No. CCE 304.203.98 ATTACF~MENT II COMMUNITY CARE FOR THE ELDERLY BUDGET PSA 8 COLLIER COUNTY BOARD OF COUNTY COM~4ISSIONERS Original Amendment 2. 3. 4. Lead Agency Operation Case Management Transportation Total $ 8~,377 , $~ , OT~ER ALLOCATIONS: SPENDING AUTHORITY ~4ERGENCY SERVICES SET ASIDE $350,375 $ 7,4~1 27 07/01/98 Contract No. ~ ATTACHMENT III CONTRACT REPORT CALENDAR ADVANCE BASIS CON'TRACT COMMUNITY CARE FOR THE ELDERLY Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Month Dased OD Submit to AAA On This Date July Advance* July 1 August Advance* July 1 September July Services Report August 10 October August Services Report September 10 November September Services Report October 10 December October Services Report November 10 January November Services Report December 10 February December Services Report January 10 March January Services Report February 10 April February Services Report March 10 May March Services Report April 10 June April Services Report May 10 July Adv. Recon.** May Services Report June 10 Aug. Adv. Recon.** June Services Report July 10 ** Final Request for Payment August 15 ** Closeout Report August 29 Legend: Note # 1: Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report fl for Advance Basis Contracts cannot be submitted to the State Comptroller prior to July 1 or until the contract with the Agency has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. Note f 2: Note # 3: A final request for payment may be submitted to the agency by the provider up to 45 days after the contract has ended. The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 28 07/01/98 Contract No. CCE 304.203.9~ ATTACHMENT IV MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ACTIONS DEEMED TERMTNATIONS. SERVICE; TRANSFERS OR DISCHARGES: AND ADVERSE SCREENING OR AN'NrI, IAL REVIEW. SUSPENSIONS. OR REDUCTIONS rN DETERMINATIONS RELAT1NO TO NOTICE OF DECISION OF AC'TON TO BE TAKEN AND EXPLANATION OF THE GRIEVANCE PROCEDURE FOR REVIEWING THAT DECISION Notice of decision and an explanation of lhe grievance procedure must be mailed no less than 30 calendar* days prior to the date action 'o,511 be taken. 0:'riot notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately; hov,'cver, notice must be made as soon thereafter as practicable.) The Notice mu~ contain: a stalement of v,'hat nction is imendcd to be taken: the reasons for the intended action: , the specific law, rule. regt,lnlion, or change of law that requires the action; an explanation of: tim i ndMdual's right to a grievance review if requested in v,,riting and delivered wiflfin 14 calendar* days of tl,e Nolice pomnark (assistance in writing, submitting and delivering the request must be offered and available to tl~e individual). the indi,.4dual's right, after a grievance review, for further appeal, the right lo seek redress through Ihe courts if applicable; an explanation of the circumstances under which current benefits, if any, are continued ifa grievance review is requested, and until a final decision is made lo discontinue sen-ices: and a statement tkat the individual may represent herself or use legal counsel, a relative, a friend, or other qualified representative in tl~e requested re,dew proceedings. All records of the above actMties must be presen'cd and remain confidential. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW Within 7 calendar* days of the receipt ora request for rm.'Jew, the provider must acknowledge receipt of the request by a wrinen statement delivered to the requester. This statement mus~ also pro'dale notice of: the time and place scheduled for the reviex~ the designation of one or more impartial rex4ewcrs who have not been involved in the decision at issue; the opportunity to examine, at a reasormble time before the review, the individual's own case record, and to a cop.), o£such case record at no cost to the individual; the opportunity to in. formally present argument, evidence, or witnesses without undue interference at a reasonable time before or during the revie'~v, a contact person for any accommodations required under the Americans with Disabilities Act; a...tsismnce, if needed, in order to attend the reviev, r, and the stopping of the intended action until all appeals are exhausted. All grievance reviews must be conducted at a reasonable time. date and place by one or more impartial rex4ewers who have not been directly involved in the initial determination of the action in question. The rzviewer(s) must prov/de 'a,'r/tten notification lo the requester within 7 calendar* days after the grievance review of: fl~e effect the decision has on current benefits, il' favorable, or the circutnstances regarding No,.._/[t¢('O) 10 conlinuafion of current benefits unlil all appm'~ls are cxlmvsted; the indMdual's righl ~o appeal an adverse decision Io Ihc Arm~ Agcng' on Aging by wrillcn rcqucsl wilhin ~ calendnr' days: thc avMlability of assistance in writing, submitting and delivering Ibc ;~ppcnl Io thc appropfialc agency: fl~¢ op~unity ~o b¢ rcprcscnmd by herself or by legal connsel, a rcla;iv¢, a friend or other qualified rcprcscnJalivc. PROCEDURE FOR APPEALS OF A GRIEVANCE REXqEW DECISION UPON TIME:LY RECEIPT OF A WPd'TTEN APPE.M. TO THE AREA AGENCY ON AGING Within 7 calendar~ days oldie reccipl ora notice of appeal ora grievance review decision, tile AAA must acknowledge receipt of the notice of appeal by a ~xittcn statement delivered to tile appcllanl. This staloncnt must also provide notice of: the time and place scheduled for rite appeal: the designation of one or more impartial AAA officials who have not been involved in the decision at issue; thc opportuniv,.' to examine al a reasonable lime before the appeal thc indMdual's own cruse record lo date. and to a copy of such case record at no cost to the indMduah thc opportunity to infonnally present argument, evidence, or witnesses wilhout undnc inlcrfcrcncc during the appeal; assistance, if needed, in order lo attend the appeal: and the stopping of tim inlcnded aclion nnlil all appeals are exhausled. Ail appeals of gricvanc~ rm'ic~s taus1 be conducled at a re,'tsonable time. dale and place by one or more impartial AAA officials who have not been directly involved itl the initial delerminafion of the aclion in queslion. The designated AAA official(s) must provide wriiten notification Io the requester wifltin '7 calendar* days after considering the grievance review appeal of: the decision, stating lite masons therefore in dclail; tile cffec! the decision has on current bencfils, if favorable, or rite circn,usmnces regarding continuation of currcnl benefits nnfil all appe. als are exhausted; the indMdual's righ~ to appm'q, if applic~'~ble. Except for Medicaid Waiver actions, the decision of lhe AAA slmll be tl~e fitml decision. F~r Medicaid Waiver actions, the wriuen nolification must also provid~ notice of the indMdual's righ~ to appeal an adverse decision to the Agenc).' on Health Care Administration (AHCA) for a fair hearing procedure (Medic.'qd Waiver actions only); and the availabilit',' of assistance in reqvesfing a fair hearing, including a notice regarding accommodations as reqnired by 1l~e ADA. All records of ibc above activities mt,s1 be prescr,,'cd and remain confidential. · Ia computing an)' period of time prescribed or allowcd by these guidelines, thc last da)' of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end or the next da)' which is neither a Saturday, Sunday, or legal holiday. NOTE: ALSO SEE 42 C.F. tL 431.200-.246 and AHCA Rules 59C,-1.010(8.q), (98) and (99), F.A.C.,"Fair ltcarings," "Grievance," and "Grievance Procedure." 30 EXECUTIVE SUMMARY APPROVE THE ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. OBJECTIVE: To obtain approval from the Board and the signature of the Chairman on the Alzheimer's Disease Initiative (ADI) grant contract with the Area Agency on Aging for Southwest Florida, Inc.. This continuation grant has been av, m'ded to Collier County for the period Jul)' 1, 1998 through June 30, 1999 to fund in-home support services for the County's frail elderly. CONSIDERATIONS: For the past 7 ,,'ears, Collier Count5,' Services for Seniors has been providing in-home support services to C~ollier County's frail elderly through this state funded program. This grant in the amount of $505 for the period Jul>' 1, 1998 through June 30, 1999 will allow the delivery of respite care and case management services to the County's frail elderly preventing premature and costly institutional placement. This grant enables victims of Alzheimer's disease to remain in their homes x~Sth help. The grant requires no local matching funds. GROWTH MANAGEMENT: None FISCAL IMPACT: The grant amount is $505 and is funded from the State of Florida grants and aids appropriation administered by the Area Agency on Aging. The grant requires no local cash rmxtching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the ADI grant and authorize thc Chairman to sign the contract. The agreement has been reviewed and approved by the County Attorney. Approve the necessary Budget amendment. Prepared B~~x~ ~~~/~ Date: ._..~/~,~Off j0~C,l/errell, Settees for Seniors Accounting Technician Approved 1~.,? Date: Ldchner, Services for Seniors Program Manager Approved by: Date: Marth~ Skinner, Social Services Director Approved by: - Thomas ~. $~itl, Pul;ii~{[~l~rvices Administrator J U L 2 B 199B 07/01/98 Contract No. ADI 306.203.98 STANDARD CONTRACT THIS CONTRACT is entered into between the Area Agency on Agency for Southwest Florida, Inc., hereinafter referred to as the "agency", and Collier County Board of County Commissioners hereinafter referred to as the "provider". The parties agree: I. The Provider Agrees: A. Services to be Provided: The Service Provider Application of Collier County Board of County Commissioners for the Alzheimer's Disease Initiative funds for July 1, 1998 to June 30, 19999 and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this contract between the agency and the provider, and prescribe the services to be rendered by the provider. B. Manner of Service Provision: Respite services will be provided in a manner consistent with and described in the Service Provider Application for the Alzheimer's Disease Initiative funds for July 1, 1998 to June 30, 1999 of Collier County Board of County Commissioners and the Department of Elder' Affairs Programs Management Manual. In the event the manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revision. Model Day Care services are to be provided in conjunction with the Memory Disorder Clinics. Model Day Care Centers must meet the programmatic guidelines found in the Department of Elder Affairs Programs Management Manual. Day Care facilities must be licensed in accordance with Chapter 400, Part V, F.S. and Chapter 58A-6 F.A.C.; or, if exempt, the facility must adhere to the identical requirements of Chapter 400, Part V F.S. and Chapter 58A- 6 F.A.C.; plus, any additional standards required of Adult Day Care contract providers. Model Day Care Programs must develop and report on innovative therapies and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Reports will include the 1 07/01/98 Contract No. _ADI 306.203.9~ hypothesis, data collection items, research method, timeline for completion, and plan for dissemination of findings. Model Day Care Programs must be a natural laboratory for service related applied research by Memory Disorder clinics. Federal Laws and Regulations: 1. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations, if applicable. 2. The provider shall comply with the provisions of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. De civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider assures it will comply with: 1. Title VI of the civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis Agenda. U[ 2 8 1998 07/01/98 Ze Contract No. _ADI 306.203.98 of age in programs or activities receiving or benefiting from federal financial assistance. 5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. 6. The Americans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. 7. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. 8. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the right to file a complaint, the right to appeal a denial or exclusion from the services or benefits from this contract, and their right to a fair hearing. Complaints of discrimination i]ivolving services or benefits through this contract may also be filed with the agency the appropriate federal or state agency. 9. The provider further assures all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services, will comply with the above laws and regulations. Requirements of Section 287.058, Florida Statutes: 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 2. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. 3. To provide units of deliverables, including reports, findings, and drafts as specified in this contract and the Service Provider Application for Alzheimer's Disease Initiative funds for July 1, 1998 to June 30, 1999, to be received and accepted by the agency prior to payment. J U h 2 8 Pg' ,, ~ -- 07/01/98 Ge Contract No. _ADI 306.203.98 4. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this contract. withholdings and Other Benefits: The Provider is responsible for social Security and Income Tax withholdings. indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. 1. Provider agrees it will indemnify, defend, and hold harmless the agency and/or state and all of the agency and/or state's officers, agents, and employees from any claim, loss, damage, cost, charge, o~ expense arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. 2. Provider's obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to participate and associate with the agenc~ and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency and/or state's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend'and indemnify the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation 07/01/98 Contract I4o. _ADI 3Q~.203.9~ and its enforcement by the agency and/or state. Agency and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. Insurance and Bonding: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon execution of this contract, the provider shall furnish the agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self- insurance program established and operating under the laws of the State of Florida. The agency reserves the · ~ · right to require additional lnsuranc, where appropriate 2. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this contract in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consSstent with good business practices. 3. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (See also Indemnification clause.) Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the statewide toll-free telephone number (1-800-96ABUSE). 'Agenda It~ No.. J U L B '1 98 Pg.,, 07/01/98 J. Contract No. _~I 306,203,9~ Transportation Disadvantaged: If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Administrative code. Purchasing: Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to carry out this contract shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. sponsorship: As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organizati'on which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall in publicizing, advertising or describing the sponsorship of the program, state: ,,sponsored bY-~Lq~ty Board of Count~ ~, the Area Agency on Aging for Southwest Florida, Inc. and the State of Florida, Department of Elder Affairs". If the sponsorship reference is in written material the words ,,State of Florida, Department of Elder Affairs" shall appear in the same size letters and type as the name of the organization. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. Public Entity Crime; Denial or revocation of the right to transact business with public entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the agency per section 287.133, Florida Statutes: A person or affiliate wh~ has been placed on the convicted IAgenda. I~e~ No.~/~ (~) JUL 2 8 19 8 P~' ~ 07/01/98 contract No. _~DI 306.203.98 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. Oe Employment If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation o£ the employment provisions as determined pursuant to section 274A(e~z°f the Immigration Nationality Act (INA), 8 U.S.C. s. 24 a (e) ("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall be grounds for unilateral cancellation of this contract. Audits and Records: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under this contract. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this contract. Such reporting retirements must be reasonable given the scope and purpose of this contract. 4. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs Programs Management Manual. To assure, through contractual provisicn in their subcontracts with direct JUL281998 Pg 07/01/98 o Contract No. _ADI 306.203.9~ · s. to,tam'specific data is recorded and service provider ._P - _:~ ~e~artment of Elder Affairs submitted in acc~roance ~lu~ u ? · client informatIon Registration and Tracking System (CIRTS)Policy Guidelines. To provide a financial and compliance audit to the agency as specified in ATTACH~ and to ensure all related party transactions are disclosed to the auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments- This contract is funded from a grants and aids appropriation. Qe Retention of Records: 1. To retain all 2 · client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Monitoring and Incident Reporting: 1. 'Fo provide progress reports, including data reporting requirements as specified by the agency. These reports will be used for monitoring progress or performance of the contractual services as specified in the approved Service Provider Application for Alzheimer's Disease Initiative funds for July 1, 1998 to June 30, 1999. 2. Area agencies will perform the required administrative monitoring of service providers in accordance with the agency's unit rate contract monitoring checklist. 3. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this 07/01/98 Se Te 4 · .Contract No. _A~I 3060~. contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable-The provider's failure to correct or justify within a reasonable time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this contract. The provider will notify the Area Agency within 48 hours of conditions related to subcontractor performance that could impair continued service delivery. Reportable conditions may include: . proposed client terminations · provider financial concerns/difficulties . service documentation problems · contract non-compliance . service quality and consumer complaint trends. The provider will provide the agency with a brief summary of the problem(s) and proposed corrective action plans and time frames for implementation- safeguarding information: Except as provided for agency auditing and monitoring purposes, not to use or d. isclose any information concerning a recipient of services under this contract for any purpose except upon written consent of the recipient, or the recipient's authorized representative- Assignments and Subcontracts: 1. Agency approval of the provider's Service Provider Application for Alzheimer's Disease Initiative funds for July 1, 1998 to June 30, 1999 shall constitute agency approval of the provision of services as outlined in the service provider application. A provider cannot directly subcontract with another provider for service provision Agenda Item No.~// JUl 2 .98 Pg o~ 07101198 .Contract No. _ADI 306,203,9~ unless agreed upon in writing between the agency and provider. Section I, Paragraph N. is only applicable to state agencies or political subdivisions of the state. Final Request for Payment: 1. To submit the final request for payment to the agency no more than forty-five (45) days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider, and necessary adjustments thereto, have been approved by the agency. 2. A final receipt and expenditure report as a closeout report will be forwarded to the agency within sixty (60) days after the contract ends or is terminated- All monies which have been paid to the'provider which have not been used to retire outstanding obligations of the contract being closed out must be refunded to the agency along with the final receipt and expenditure report. Return of Funds: 1. To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the agency. a. The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. b. In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. 2. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance thirty (30) calendar days after the date of notification or discovery. 10 Agenda. Ite~ No./.~?..~ / u L 2 8 07/01/98 II. The Agency Agrees: A. .Contract No. ADI 306.203.98 Contract Amount: Subject to the availability of funds, the agency will reimburse no more than a total dollar amount of $505 for expenditures made in accordance with the approved budget for Alzheimer's Disease Initiative funds, ATTACKMENT II to this contract. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. Case Management RATE MAXIMUM REIMBURSEMENT i~ 33.71 i 15 i Contract Payment: Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than five working days to inspect and approve goods and services, unless bid specifications or the contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made llot more than 35 days from the date eligibility for payment is determined, and the interest penalty is set by Subsection 215.422(13), Florida Statutes. Invoices returned to a vendor due to preparation.errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. Ce Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. JUL 2 8 1998 07/01/98 III. Provider and Agency Mutually Agrees: Contract No. _ADI 306.203.98 Effective Date: 1. This contract shall begin on July 1, 1998 or on the date the contract has been signed by both parties, whichever is later. 2. This contract shall end on June 30, 1999. Method of pa~rment: 1. This contract reimburses the provider for actual units of service delivered paid according to the schedule stipulated n Section II.A. A report will be submitted to the agency from the Lead Agency for reimbursement. The Invoice for Services and Contributions report will document the actual units of services delivered. Duplication or replication of this form via data processing equipment is permissible', provided all data elements are in the same format included on agency forms. 2. The provider, if eligible, may request a monthly advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is A~ ~ to this contract. Reconciliation and recouping of advances made under this contract are to be completed by- the time the final payment is made. All advance payments are subject to the availability of funds. 3. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the agency within twenty (20) days of the end of the first quarter of the contract period. 4. Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. C. Termination: Termination at Will 12 07/01/98 o .Contract No. ADI 306.203.98 This contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing, said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the agency may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider, said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. Termination for Breach Unless the provider's breach is waited by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate this contract upon no less than twenty-four (24) hours notice, said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed, to be a modification of the terms of this contract. The provisions herein do not limit the agency's right to remedies at law or to damages. Suspension: Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the contract. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this contract; it includes, but is not limited to, the provider's failure to permit inspection of records, provide reports, rectify deficiencies noted by the agency within the time specified by the agency, use funds as agreed in this contract, or such other cause as might constitute breach of any of the terms of this contract. j~' A~en~ 07101/98 .Contract No. ADI 306.203.98 The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify the provider in writing by certified mail of: the action taken; the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: corrective actions necessary to remove the suspension; the provider's right to an administrative hearing; and, the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). Notice and Contact: The representative of the agency responsible for the administration of this contract is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First St. Fort Myers, FL 33901 (941) 332-4233 The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Project Manager Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg. H Naples, FL 33962 (941) 774-8443 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 14 07/01/98 F. Contract No. ADI 306.203.98 Renegotiation or Modification: 1. Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this contract if of'any applicable laws, or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. G. Special Provisions: Program Income Program Income earned may be spent in the same year as earned. Any program income funds not spent may be carried forward into the next fiscal year. Any prior year program income carried forward must be spent in the following year. State Laws and Regulations The provider agrees to comply with applicable parts of Rule 55D-1, Florida Administrative Code promulgated for administration of Sections 430.501 through 430.504, Florida Statutes, and the Department of Elder Affairs Programs Management Manual. 3. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the Area Agency and its service providers.. In the event the President of the United States or the Governor of the State of Florida declares a disaster or state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service 15 07/01/98 o e e Contract No. ~DI 306.203.98 provider to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the department under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the potential disaster area or actual disaster area. Copyright Clause Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures In accordance with AT~I~2!~!~_%~, Minimum Guidelines for Recipient Grievance Procedures, the provider will assure that service provider agencies have procedures for handling complaints from persons who complain service has been denied, terminated or reduced improperly. Investigation of Allegations Any report that implies criminal intent on the part of a service provider and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. ~ 16 07101/98 Contract No. _ADI 306.203.9~ Research and Statistics The provider agrees to respond to requests for research information and statistical data concerning its clients based on information requirements of the Memory Disorder clinics, Brain Bank and Alzheimer's Disease Research Database. Property a. Non-expendable property is defined as tangible property of a non-consumable nature with an acquisition cost of $500 or more per unit, and expected useful life of at least one year; and hardback bound books II_Q_% circulated to students or the general public, with a value or cost of $100 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or the general public. b. All property, purchased under this contract or purchased by the agency and received by the provider shall be listed on the property records of the provider, said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. c. All purchased property shall be inventoried annually. An inventory report will be submitted to the agency upon request by the agency. d. Title (Dwnershit~) to all property acquired with funds ~from this contract or otherwise purchased by the agency shall be vested in the agency. 11P_Q/I ~ompletion or termination of the contract. e. At no time shall the provider dispose of non- expendable property except with the permission of, and in accordance with instructions from the agency. f. An area plan amendment is required to be submitted and approved by the agency prior to the purchase of 17 J 07/01/95 Contract No. _~DI 306.203.98 any item of non-expendable property specifically listed in the approved budget. not Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of this contract. An ITR worksheet is required for any computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the agency's Network Administrator for the purchase of any ITR. The provider will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require their subcontractors comply with the agency's ITR p~ocedures. 10. 11. Volunteers The Area Agency on Aging will promote the use of volunteers as prescribed in Section 430.07, Florida Statutes. In addition, the area agency on aging will increase the use of volunteers in their planning and service area by providing training, technical assistance, and funding, where possible, to their contract agencies. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES)Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program to be at imminent risk of nursing home place~nent and referred to the Alzheimer.'s Disease Initiative Program will have services started immediately. The Area Agency and provider agencies must shelter an adequate portion of funds to serve these CARES referrals. Client Information, Registration and Tracking System (CIRTS)and Management Information Systems a. The area agency on aging shall employ a Local Area Network (LAN) Administrator who shall assure Area Agency on Aging compliance with the requirements of the "LAN Administrator Guidelines" adopted by the agency. These ,,Guidelines" delineate the roles and lAgenda l~m .o.. JU[ 2 8 1998 07/01/98 be Ce d o Contract No. _ADI 306.203.9R responsibilities of the Local Area Network Administrator- The Area Agency on Aging shall assure any other support necessary for full "LAN Administrator Guidelines" compliance. Lead Agencies will ensure the collection and maintenance of Alzheimer's Disease Initiative (ADI) client and service information on a monthly basis from the client Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to agency standards. Lead Agencies must enter all required data per the agency's CIRTS Policy Guidelines for ADI clients and services in the CIRTS. The data must be entered into the CIRTS before the service provider agencies submit their request for payment and expenditure reports to the Area Agency. The Area Agency shall establish time frames to assure compliance with due dates for the requests for payment and expenditure reports to the agency. Lead Agencies will run monthly CIRTS reports and verify that client and service data in the CIRTS is accurate. This report must be submitted to the Area Agency with the monthly request for payment and expenditure report and must be reviewed by the Area Agency before the Lead Agency's request for payment and expenditure reports can be approved by the Area Agency. Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Suspension" clause of this contract (see Section Iii, D.). 3.9 J U ,L. 2 8 1998 07/01/98 12. f o Contract No. _2%DI 306.203.98 Computer System Backdp and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each Area Agency on Aging, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. Co-payment Collections a. The Area Agency on Aging will hold back 5 percent (5%) of the provider contract amount from the Requests for Payment within the first seven months of the contract year. The amount of funds so held back shall be released to a provider upon collection by the provider, by March 15, of 50 percent (50%) of the total co-payments projected for collection by the provider for the contract year. b. Within three business days of March 15, the AAA will determine which providers have collected, on or before March 15, 50 percent (50%) of their total projected annual co-payments. The AAA will release to each such provider all funds so held back from such provider. The AAA will reallocate all funds held back from providers who fail, by March 15, to collect 50 percent (50%) of their total projected annual co-payments. All such funds held back will be distributed pro rata only to providers who have collected, by March 15, 50 percent (50%) of their total annual projected co- payments. c. The AAA will certify to the Department, not later than April 1, that funds held back pursuant to this clause have not been distributed to providers who failed to meet their co-payment collection projections by March 15. Upon failure of the AAA to so certify by April 1, the department will reallocate such funds among the PSA's for 2O 07/01/98 13. 14. Contract No. _ADI 306.203.9~ distribution to providers who have collected at least 50 percent (50%) of their projected annual co-payments on or before March 15. client Outcomes a. In preparation for performance-based program budgeting, the area agency on aging will develop client outcome measures consistent with those developed by the agency, including the following: · Elders will live in the least restrictive and most appropriate setting · Services will be provided to those elders most in need · Frail elder functional status is maintained or improved · Long-term care resources are efficiently and effectively used · client environment is maintained or improved · social interaction is improved · Nutritional risk is reduced · Caregiver emotional and physical health are maintained or improved · Elders, families and/or caregivers are better informed so that elders are better able to exercise autonomy and make informed choices b. In preparation for performance-based program budgeting, the agency will set targets for the performance of outcome measures. These targets will be amended into contracts. The Area Agency on Aging will be responsible for achieving these targets. Management objectives · Ensure effective communication between staff and board · Ensure adequate planning and preparation occurs in the development of the service provider application and amendments/revisions within agency's established time frames 21 07/01198 Contract No. _ADI 306.203.9~ Name, Mailing and Street Address of Payee: 1. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Project Manager Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg. H Naples, FL 33962 The name of the contact person, street address and telephone number where financial and administrative records are maintained: Project Manager Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg. H Naples, FL 33962 (941) 774-8443 IN WITNESS THEREOF, the parties hereto have caused this 28 page contract be executed by their undersigned officials as duly authorized. Collier County Board of County Commissioners BOARD PRESIDENT OR AUTHORIZED DESIGNEE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. SIGNED SIGNED BY: BY: NAME: 9arbara B_ ~erry TITLE:_Cha irman NAME: Mary Alice Ferrell TITLE: BOARD PRESIDENT DATE: {~ DATE: ER~ ~/~ ~ssi~sta FEDERAL ID NUMB : 596-000-538 ~ PROVIDER FISCAL YEAR ENDING DATE:9/30 / // Approved as to legal form and sufficienc~~ Ma~a'l ic h, ~zz~. /~ County Attorney 22 Agenda I~t~m Jlll 2~1998 Contract No. _~DI 306.203.98 07/01/98 ATTACI IM'ENT I FINANCIAL AND COMPLIANCE AUDITS attachment is applicable, if the provider or grantee hereinafter referred to as 'provider, is any local government entity, nonprofit or for-profit organization. · PART I: SINGLE AUDIT This part is ,,pplicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from the agency during its risc.al year. The provider has 'received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Qovernment Auditing SIandards ('Yellow Book') issued by the Comptroller General of the United States. Local governments shall comply with Office of Management and Budget (OMB3 Circular A-128. Audils of State and Local Governments. Nonprofit providers receiving federal funds passed through the agency shall comply with the audit requirements contained in QMB Circular A-133 . Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the 'Yellow Book', and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. The.se requirements do not expand the scope of the audit as prescribed by the 'Yellow Book'. lLthe provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance reports(s) in · ~rdanee with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are t'ffi'ded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be submitted within 150 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: ho Fiscal Specialist for the Agency (3 copies) Submit to this address only those reports prepared in accordance with OMB Circular A-133: Co Federal Audit Clearinghouse U.S. Bureau of the Census Jeffersonville, Indiana 47132 Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider .~hall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. -I O,4A 23 JUL 2 8 1998 ADI 306.203.98 Contract No. _ 07/01/98 PART 11: GRANTS AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the agency duri:ng its fiscal year or (2) a for-profit organization rece' any amount from the agency. The provider has 'received. d" funds when it has oI~tained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. If the amount received from grants and aids appropriat,on awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that all.loses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliaflcc findings related to contracts with the agency shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. If the amount received from grazts and aids appropriation awards exceeds $2.5,000, but does not exceed $100,000, the provider may h~ve · n audit ms described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penalties of perjury, that thc organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of thc audit report and all other correspondence, if any, related to audits performed by th..', independent auditor, or thc attestation statement, shall be submitted within 180 days after the provider's fiscal )'ear end to the following: A. Fiscal Specialist for the Agency (3 copies) B. Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. PART III: NO AUDIT REQUIREMENT This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either (1) a local government entity or nonprofit organization receiving a total of less than $25,000 from the agency during its fiscal year or (2) a for-profit organization receiving any amount from the agency. The provider has 'received' lands when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider has no audit or attestation statement required by this attachment. DOEA.104B 9/'3O,'92 24 0'?/01198 Contract No. ADI 306·203.98 ALZHEIMER'S DISEASE INITIATIVE BUDGET PSA $ Original Amendment COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTACHMENT II X 1. Respite 2. Model Adult Day Care* 3. Total $83,775 $ $83,775 25 No._ /(~ .1111 2 I] 1998 P9 .---~.._. 0?/01198 Contract No. _ADI 306.203.98 ATTACHMENT III CONTRACT REPORT CALENDAR ADVANCE BASIS CONTRACT ALZHEIMER'S DISEASE INITIATIVE Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Month July August September October November December January February March April May June July Adv. Recon.** Aug. Adv. Recon.** ** ** Based OD Advance* Advance* July Service Report August Service Report September Service Report October Service Report November Service Report December Service Report January Service Report February Service Report March Service Report April Service Report May Service Report June Expenditure Report Final Request for Payment Closeout Report Submit to AAA Dn This Date July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May 10 June 10 July 10 August 15 August 29 Legend: Note f 1: Note f 2: Note # 3: Advance based on projected cash need. Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Report #1 for Advance Basis Contracts cannot be submitted to the State Comptroller prior to July 1 or until the contract with the Department has been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy of the expenditure report. A final request for payment may be submitted to the agency by the provider up to 45 days after the contract has ended. The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 26 o7/o~/9s Contract No. _jkDI 306,203.98 ATTACHMENT IV MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES 'p ~, I EEM D TERMIN TI N P N I N R D ' IN SCREENING OR ANNUAL RIaVIEW. NOTICE OF DECISION OF ACTON TO BE TAKEN AND EXTLANATION OF THE GRIEVANCE PROCEDURE FOR REVIEWI2,.,!G THAT DECISION · Notice of decision and an explanation of the grievance procedure musl be mailed no less than 30 calendar* days prior to the date action will be taken. (Prior notice is not applicable where the health or safeb' of the individual is endangered if action is not, taken immediately; hov,'e"'er, notice must be made as soon lhercafler ns practicable.) · Thc Notice must contain: a stalemcnt of what aclion is intended Io be taken; thc reasons for the intended action; the specific la',,,', rule. regulation, or change of lax,,' that requires the action; , an explanation of: the individual's right to a gficvancc review if requested in v, xiting and delivered within 14 c~-~lcndar* days of thc Notice postmark (assistance in v, xiting, submitting and delivering tile request must'bc offered and available to ll~c individual), thc individual's right, after n grievance review, for furlhcr appeal. tile righ! to scmk redress through tile courts if applicablc: an explanation of thc circumstances under which currcnl bencfils, if any. nrc continued if a grio,'ance review is requested, and until a final decision is made to discontinue mn'ices; and a statement that the individual may represent herself or use legal counsel, a relative, a friend, or other qtmlified reprcsenlative in the requested review procecdings. · All records of tile above activities must be preserved and remain confidential. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITI'EN REQUEST FOR REVIEW · Within 7 calendar* days of the receipt of a request for r,,Mcw, thc provider must acknowledge receipt of the request by a written statement delivered to the requester. This statement must also pro,fide notice of: the time and place scheduled for the review< the designation of one or more impartial re,,4e~ers who have not been involved in the decision at issue; the opportunity to e~mine, at a reasonable time before the review, the indMdtml's own case record, and to a cop.,,' of such rose record at no cost to the indMdtml: the opportunib' to informally present argument, e\'idence, or witnesses without undue interference at a reasonable time before or during the reviex~; a contact person for any accommodations required under tile Amerimns with Dis.abilities Act; assistance, if needed, in order Io attend thc review; and the stopping of thc intended action until all appeals are exhausted. · All grievance re,dews must be conducted at a reasonable time. date and place by one or more impartial re~4ewers who have not been directly involved in tile initial determination of the action in question. · The reviewer(s) must pro,,4de written notification to the wxtuester within 7 calendar* days after the grievance review of: file decision, stating tile reasons therefore in detail: ....... u~_,n,~ ir favorable or the circumstances rcgardi~.~--=- At/end& lt~m th~ effect tim aecision lla$ on current u~n~.n,..~, -, -- ' .. -. '- - continuation of current benefits until all appeals are ex!musted, -- , tile individual's right Io appeal an adverse decision to tile Area Agency on Aging 07/01/98 Contract No. ADI 306. 203.98 by v, Titlcn request ,,vilhin 7 ca]cndnr* dn)'s~ the availability cf assistance in v,'riting, submitting and delivering thc appeal to the appropriate agency; the opportunity, to be represented by herself or by legal counsel, a relative, a friend or other qualified reprcscntati','c. PROCEDURE FOR APPEALS OF A GKIEVANCE RE\qEW DECISION UPON TIMELY RECEIPT OF A W'KITTEN APPEAL TO THIS AREA AGENCY ON AGING · Wiflfin 7 calendar* days of the receipt of a notice of appeal of a grievance review decision, the AAA must acknov,'ledge receipt of file notice of appeal by a v,-rittcn statement delivered to tile appellant. This statement must also provide notice of: the time and place scheduled for the appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue: the opportunity to exa,'nine at a reasonable time before the appeal the individual's ov,'n case record to date, and ~o a cop)' of si,ch case record at no cost to the individual: the opportunity to informally present argument, evidence, or witnesses without undue interference during the appeal: assistance, if needed, in order to attend the appeal: and the stopping of thc intended action until all appeals are exhausted. · All appeals of grievance reviews must be conducted at a reasonable time. date and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. · Tile designated A. AA official(s) must provide written notificalion lo the requester within 7 calendar* days after considering the grievance fo,'Jew appeal of: the decision, stating tile remsons therefore in detail: the effect the decision has on current benefits, if favor'able, or the circumslances regarding conlinuation of current benefils until all appeals are exhausted: the individual's right Io appeal, if applicable. Except for Medic,aid Waiver actions, the decision of the AAA shall be the final decision. For Medicaid Waiver actions, the writlen notification must also provide notice of the individual's right to appeal an adverse decision to the Agency on Health Care Administration (A.HCA) for a fair hearing procedure (Medicaid Waiver actions only); and the availabilip,,' of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. · All records of the above activities mast be preserved and remain cotffidcntial. * In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. NOTE: ALSO SEE 42 C.F. IL 431.200-.2-t6 and AHCA Rules 59G-1.010(85), (98) and (99), F.A.C.,"Fair Hearings,'" "Grievance,'" and "GHevance Procedure." 28 EXECUTIVE SUMMARY APPROVE THE HOME CARE FOR THE ELDERLY CONTINUATION GRANT AND AUTHORIZE THE CHAIRblAN TO SIGN TIlE RATE AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTtIWEST FLORIDA, INC. OBJECTIVE: To obtain approval from the Board and the signature of thc Chairman on thc Home Care for the Elderly (HCE) grant contract with the Area Agency on Aging for Southwest Florida, Inc.. This continuation grant has been av,'arded to Collier CounD' for the period July I, 1998 through June 30, 1999 to fund in-home support services for the County's frail elderly. CONSIDERATIONS: For the past 2 I/2 ,,'ears, Collier County, Services for Seniors has been pro,Ading in-home support services to Coliier County's frail elderly through this state funded program. This state funded grant in thc amount of $291440.50 for the period Jul.',' 1, 1998 through June 30, 1999 will provide in-homc support services through the encouragement and management of family-wpe living arrangements in privatc homes as an alternative to costly and permanent nursing home care. Thc majority of these clients would be unable to remain in their homes without this help. Thc grant requires no matching funds. GROWTtt MANAGEblENT: None FISCAL IMPACT: The grant amount is $29,440.50 and is funded from the State of Florida grm~ts and aids appropriation administered bv the Area Agency on Aging. Thc grant requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the HCE grant and authorize thc Chairman to sign the rate agreement. The agreement has been reviewed and approved by the County A~/~cy. Approve the necessary Budget Amendment. ' John F~g(I, Services for Seniors Accounting Technician Reviewed and / 6' ~/_/~' ~:~-.~'/ ....... ,~ ~,,~ ,/~ . ~& ~ Date: z//1/,,' -- /)~anci E. Lochner, Seniors Program Manager Reviewed and ~~q.t~ <~[o~a4 Approved by: Marth'h-Skinner, Social Services Director Date: "1.\ - Reviewed and · Thomas W. Olliff, P~blic Date: Services Administrator 07/01/98 Rate Agreement HCE 203.316.98 THIS RATE AGREEME24T is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency", and the Collier County Boar~ o~ County CommissionerS, hereinafter referred to as the "provider". The parties agree: I. Provider Agrees: Services to be Provided: The Service Provider Application of Collier County Board of Coumty Co~n~ss~oners for the Home Care for the Elderly funds for July 1, 1998 to June 30, 1999, and any revisions thereto approved by the agency and located in the agency file, are incorporated by reference in this rate agreement between the agency and the provider, and prescribe the services to be rendered by the provider. Bo Manner of Sez-vice Provision: The services will be provided in a manner consistent with and described in the Service Provider Application for the Home Care for the Elderly funds for July 1, 1998 to June 30, 1999 of collier County Board of county Co~missioner~ and the Department of Elder Affairs Programs Management Manual. In the event the manual is revised, the rate agreement will incorporate any such revision and the provider will be given a copy of the revision. Federal Laws and Regulations: 1. The provider shall comply with the provisions of 45 CFR, Part 74,. and/or 45 CFR, Part 92, and other regulations, if applicable. 2. The provider shall comply with the provisions of the U.S. Department of Labor, Occupational Safety and Health Adm3. nistration {OSHA) code, 29 CFR, Part 1910.1030. civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DOEA forms 101 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider assures it will comply with: Agend. a/[ t~em JUL 2 8 1998 ~ ~' I .......... III I II - II III III IIII IIIIIIIII 07/01/98 Rate Ag.reement HCE 203.316.98 Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3° Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4 ° The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in program~ or activities receiving or benefiting from federal financial assistance. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, :~ex, handicap, political affiliation or beliefs in programs and activities receiving or benefiting from federal financial assistance. 6° The ~mericans with Disabilities Act of 1990, 42 USC 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public accommodations. 7o All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this rate agreement. The provider shall advise clients, employees, and participants of the right to file a complaint, the right to appeal a denial or exclusion from the services or benefits from this rate agreement, and their right to a fair hearing. Complaints of discrimination involvin.~ services or benefits through this rate agreement may also be filed with the agency or the appropriate federal or state agency. The provider further assures all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services, will comply with the above laws and regulations. R~quire~nt$ of Section 287.058, Floric~a Statutes: 2° To subm/t bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. 07/01198 4 o Rate Agreement HCE 203.316.98 To provide units of deliverables, including reports, findings, and drafts as specified in this rate agreement and the Service Provider Application for the Home Care for the Elderly funds for July 1, 1998 to June 30, 1999, to be received and accepted by the agency prior to payment. To aliow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this rate agreement. Fo Withholdings and Other Benefits: The Provider is responsible withholdings. for social security and income tax G. Inden~nification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, only number 3 is applicable. Provider agrees it will indemnify, defend/ and hold harmless the agency and/or state and all of the agency and/or state's officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or subcontractors during the performance of the rate agreement, whether direct or indirect, and whether to any person or property to which the agency and/or state or said parties may be subject, except neither provider nor any of its subcontractors wil3 be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the agency and/or state or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the agency and/or state's option, to participate and associate with the agency and/or state in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the agency and/or state's notice of claim for indemnification to provider. Provider's inability to evaluate liability or its evaluation of liability shall not excuse provider's duty to defend and indemnj, fy the agency and/or state, upon notice by the agency and/or state. Notice shall be given by registered or certified mail, return receipt requested. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the agency and/or state solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obligation and its enforcement by the agency and/or state. Agency and/or state's failure to notify provider of a claim shall not release provider of the above duty to defend. Any provider who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or om/ssions or tortious acts which result in claims or suits against the agency and/or state, and agrees to be Agenda, .~t.~m - JUL 2 8 !_9/98 .......~ ii mil I I I I I I IIIIIIIIIIIII ~ I I IIII I II ' -- I I I II I I IIIIII I I I 07/01/98 Rate Agreement HCE 203.316.98 liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor and not an agent or employee of the agency and/or state. Insurance and Bonding: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this rate agreement. The provider accepts full £esponsibility for identifying and determining the t}~e(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this rate agreement. Upon execution of this rate agreement, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance where appropriate. To furnish an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the provider authorized to handle funds received or disbursed under this rate agreement in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Florida Statutes, the provider shall furnish the agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein' shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. (see also indemnification clause). Abuse Neglect and Exploitation Reporting: In compliance with Chapter 415, F.S., an employee of the provider who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the State of Florida's central abuse registry and tracking system on the single statewide toll-free telephone number (1-800-96ABUSE). Transportation Disadvantaged: If clients are to be transported under this rate agreement, the provider will comply with the provisions of Chapter 427, Florida Statutes, and Rule Chapter 41-2, Florida Achninistrative Code. Agenda Il:em 07/01198 Rate Agreement HCE 203.316.98 Purchasing: Procurement of Products or Materials with Recycled Contentany products or materials which are the subject of, or are required to carry out this rate agreement shall be procured in accordance with the provisions of Section 403.7065 and 287.045, Florida Statutes. Sponsorship: As required in Section 286.25, Florida Statutes, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this rate agreement, it shall, in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by Co%lief County ~oard of CouDty ComTnissioner~, the Area AqeDcY on Aqinq for sou~hwest r~°rida'- ~. and the State of Florida, Department of Elder Affairs". If the sponsorship reference is in written material the words "Area Agency on Aging for Southwest Florida, Inc. and State of Florida, Department of Elder Affairs" shall appear in the same size letters and type as the name of the organization. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, a judicial branch or a state agency. l~ablic Entity Crime; Denial or revocation of the right to transact business with public entities. It is the intent of the legislature to place the following restrictions on the ability of persons convicted of public entity crimes to transact business with the Department of Elder Affairs per section 287.133, Florida Statues. 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 the agency, may not submit a bid on a contract with the agency for the construction or repair of a public building or public work, may not submit bids on leases of real property to the agency, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the agency, and may not transact business with the agency in excess of the threshold amount provided in Section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ~pl oymen t If the provider is a non-governmental organization, it is expressly understood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of the employment provisions as determined pursuant to section 274A(e) of the Imn%igration Nationality Act (INA), 8 U.S.C.s.1324 a (e} ("section 274A(e)"). Violation of the employment provisions as determined pursuant to section 274A(e) I JUL 2 8 1998 07/01/98 Rate Agreement HCE 203.316.98 shall be grounds for unilateral cancellation of this rate agreement. Aud/ts and Records: 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under this rate agreement. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period of this rate agreement. Such reporting requirements must be reasonable given the scope and purpose of this rate agreement. 4. To submit management, program, and client identifiable data, as specified in the Department of Elder Affairs' Programs Management Manual. To assure program specific data is recorded and submitted in accordance with Department of Elder Affairs (CIRTS) Instructions. 5. To provide a financial and compliance audit to the agency as specified in ATTAC.~MENT ! and to ensure all related party transactions are disclosed to the auditor. 6. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 7. This rate agreement is funded from a grants and aids appropriation. Retention of Records: To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this rate agreement for a period of five (5) years after termination of this rate agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five {5) years, the records shall be retained until resolution of the audit findings. 2o Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(e), (1), and (2), shall have full access to and the right 'to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. Ro Monitoring and Incident Reporting: To provide progress reports, including data reporting requirements as specified by the agency. These reports will be used for monitoring progress or performance of the contractual services as Agenda JUl 2 07/01/98 Rate Agreement HCE 203.316.98 specified in the approved Home Care for the Elderly Service Provider Application for July 1, 1998 to June 30, 1999. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this rate agreement, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this rate agreement. Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the agency within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the providem's failure to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acceptable. The provider's failure to correct or justify within a reasonable time as specified by the agency may result in the withholding of payments, being deemed in breach or default, or termination of this rate agreement. The provider will notify the agency within 48 hours of conditions related to providers performance that could impair continued service delivery. Reportable conditions may include: · proposed client terminations · provider financial concerns/difficulties · service documentation problems . contract non-compliance · service quality and consumer complaint trends. The Provider will provide the agency with a brief sum:nary of the problem(s) and proposed corrective action plans and timeframes for implementation. Safeguarding Information: Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a recipient of services under this rate agreement for any purpose except upon written consent of the recipient, or the recipient's authorized representative. kssignm~nts and Subcontracts: i. Agency approval of the Service Provider Application for the Home Care for the Elderly funds for July 1, 1998 to June 30, 1999 shall constitute agency approval of the provider subcontracts if the subcontracts follow the service and funding information identified in the approved Service Provider Application. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to obligate the agency beyond the total dollar amount agreed upon in this rate agreement. All such assignments or subcontracts shall be subject to the conditions of this rate agreement and to any conditions of approval that the agency shall deem necessary. Section I, Paragraph N is only applicable to state agencies or political subdivisions of the state. Agen~;t:~m '1 7 NO.~ / 07/01/98 Rate Agreement HCE 203.316.98 Uo Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or partial payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. Final Request for Payment: To submit the final request for payment to the agency no more than forty-five (45} days after the rate agreement ends or is terminated; if the provider fails to do so, all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this rate agreement may be withheld until all reports' due from the provider, and necessary adjustments thereto, have been approved by the agency. 2 o A final receipt and expenditure report as a closeout report will be forwarded to the agency within sixty (60) days after the rate agreement ends or is terminated. All monies which have been paid to the provider which have not been used to retire outstanding obligations of the rate agreement being closed out must be refunded to the agency along with the final receipt and expenditure report. Vo Return of Funds: To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms of this rate agreement that were disbursed to the provider by the agency. so The provider shall return any overpayment to the agency within thirty (30) calendar days after either discovery by the provider, or notification by the agency, of the overpayment. 2o In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event that the agency first discovers an overpayment has been made, the agency will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the agency will charge interest of one (1) percent per month compounded on the outstanding balance thirty (30) calendar days after the date of notification or discovery. 8 0v/01/ps Rate A.g~eement HCE 203.316.98 II. The A~.ncy Ag-ree~: Pate agre-~n= AmoUnt: To pay for services identified in Section I.A. of this rate agreement and Attachment II at the rate(s) stipulated below, in an amo~t no= =o exceed $~9,4{0.50, s~jact to the availability o~ funds. The State of Florida's parfo~nce and obligation to pay under this rate agre~nc is contingent upon an annual appropriation by the Legislatu=e. The cost= of se~ice~ paid under any other rate agre~ant or ~rom any other =ource are not eligible for reimbursement under thi~ rate agre~anc. Case Management $30.99 ~ Rata agr~e~_nt Payment: Unless otherwise stated in the rate agreement between the agency and provider, pa~.,-~nts made by ~he agency to the provider must be wir3~in seven (7) working days after receipt by the agency of full er partial payrnen=s from the Department of Elder Affairs in accordance with section 287.C585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty c~.arged against the agency and paid to the provider in the ~ount of one-half cf one percent cf the ;u~ount due, per day from the expiration of the period allowed herein for payment. Such penal%y shall be in addition to actual payments owed and 6hall not exceed ~lfteen (15) percent of the ou=s=andlng balance due. Vand~ r Ombudsm~n: A Vendor Ombudsman has been established within the Agency of Banking and Finance. The duties of this individual include acting as an advocate for vendor~ who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor ombudsman may be contacted at (~50) 488- 2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. III- Prowider an~ Agency Mutually Eff,ctiv= Date: 1. This rate agreement ~hal~ begin on July 1, 199~ or on the date the rate agreement has been signed by both parries, whichever i~ later. 2. This rate agreement shall end on June 30, 1999. ~ethod 0£ Pay=~nt: 1. This is an advance and unit rate agreement for reimbursement. 1%11 payment requests for the fouc=h through ~he twelfth month= shall be ba~ed on the provider data entry into the client infocmation and registration tracking system (CIRTS). The advance request shall be on DOEA forms 106H. Justification for the advance request must also 9 Agenda- 07/01/98 Rate Agreement HCE 203.316.98 be subm/tted. Duplication or replication of fo.-ms via data processing equipment is permissible, provided all data elements are in the same format as included on agency forms. The provider may request a monthly advance for each of the first three months of the rate agreement period, based on anticipated cash needs. Detailed documentation justi£ying cash needs for advances · '. re orr. All payment requests for the must be submitted w/th t~e ? ...... ~--~ n the Drovider's fourth through the twelfth montns sna±~ u~ ~o=~ o ~ submission of the monthly utilization report this report details the information entered into CIRTS (client inforraation and registration tracking system). The process to be followed is further outlined in section III. G. 9. The schedule for submission of advance requests and/or monthly Utilization reports is ATTACH~ II~ to this rate agreement. Reconciliation and recouping of advances made under this rate agreement are to be completed by the time the final payment is made. ;~11 advance payments are subject to the availability of funds. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on rate agreement fund advances must be returned to t'ne agency within thirty (30) days of the end of the first quarter of the rate agreement period. Any payment due by the agency under the terms of this rate agreement may be withheld pending the receipt and approval by the agency of all financial and progran~natic reports due from the provider and any adjustments thereto. c. Terl~ination: Term/nation at Will This rate agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to finance this rate agreement become unavailable, the agency may terminate the rate agreement upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified raail, return receipt requested, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. Termination for Breach Unless the provider's breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, JUl 2 B 07/01/98 Do Rate Agreement HCE 203.316.98 terminate this rate agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of this rate agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this rate agreement. The provisions herein do not limit the agency's right to remedies at law or to damages. Suspension: Reasonable Cause The agency may, for reasonable cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating the rate agreement. Reasonable cause is such cause as would compel a reasonable person to suspend the use of funds pursuant to this rate agreement; it includes, but is not limited to, the provider's failure to permit inspection of records, or to provide reports, rectify deficiencies noted by the agency within the time specified by the agency, or to use fund~ as agreed in this rate agreement, or such other cause as might constitute breach of any of the terms of this rate agreement. The agency may prohibit the provider from receiving further payments and may prohibit the provider from incurring additional obligations of funds. The suspension may apply to any part, or to all of the provider's obligations. To suspend operations of the provider, the agency will notify the provider in writing by certified mail of: the action taken; the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: what corrective actions are necessary to remove the suspension; the provider's right to an achninistrative hearing; and, give the provider the appropriate time period to request an administrative hearing before the effective date of the suspension (unless provider actions warrant an immediate suspension). Notice and Contact: 1. The representative of the agency responsible for the administration of this rate agreement is: Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 SC 748-6947 11 JUL 2 19 8 07101/98 Rate Agreement }ICE 203.316.98 The name, address and telephone number of the representative of the provider responsible for administration of the program under this contract is: Project Director Collier County Government Center, Building H 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 (941) 732-2681 In the event different representatives are designated by either party after execution of this rate agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this rate agreement. Renegotiation or Modification: 1. Modifications of provisions of this rate agreement shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this rate agreement if revisions of any applicable laws, or regulations make changes in this rate agreement necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. Special Provisions: 1. Program Income earned may be spent in the same year as earned. Any program income funds not spent may be carried forward into the next fiscal year. Any prior year program income carried forward must be spent in the following year. 2. State Laws and Regulations The provider agrees to comply with applicable parts of Rule 58H-1, Florida Administrative Cot/e, and Sections 430.601 - 430.608, Florida Statutes, and the Department of Elder Affairs' Programs Management Manual. Property a. Nonexpendable property is defined as tangible property of a nonconsumable nature that has an acquisition cost of $500 or more per unit, and an expected useful life of at least one year; and hardback bound books that are Dot circulated to students or the general public, the value or cost of which is $100 or more. Hardback books with a value or cost of $25 or more should be classified as an OCO expenditure only if they are circulated to students or to the general public. 07/01/98 bo c° do f° Rate Agreement HCE 203.316.98 All property, purchased under this rate agreement shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of .acquisition, unit cost, property inventory nunzber and information on the location, use and condition, transfer, replacement or disposition of the property. All such property purchased under this rate agreement shall be inventoried annually. An inventory report will be submitted to the agency upon request by the agency. Title (ownershiR) to all property acquired with funds from this rate agreement shall be vested in the agency ~po~ ~omp~et~on or termination of the rate aqreemen%. At no time shall the provider dispose of nonexpendable property purchased under this rate agreement except with the permission of, and in accordance with instructions from the agency. , A formal rate agreement amendment i:; required prior to the purchase of any item of nonexpendable property not specifically listed in the approved budget. Information Technology Resources The provider must adhere to the agency's procedures and standards when purchasing Information Technology Resources (ITR) as part of this rate agreement. An ITR worksheet is required for any computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written approval through the agency from the Department of Elder Affairs' Management. System~ director for the purchase of any ITR. The provide: will not be reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require that their subcontractors com~ly with the agency's [TR procedures. Copyright Clause Where activities supported by this rate agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any sin%ilar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. If the materials so developed are subject to copyright, trademark or patent, then legal title and every right, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the s~.~e, will vest in the State of Florida, Agency JUL281998 07/01/98 Rate Agreement HCE 203.316.98 of state, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to this rate agreement, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures In accordance with ATTACH/4ENT IV, Minimum Guidelines for Recipient Grievance Procedures, the provider will assure that service provider agencies have procedures for handling complaints from persons who complain service has been denied, terminated or reduced improperly. Investigation of Allegations Any report that implies criminal intent on the part of this provider or any service provider agency and referred to the state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, pa}~ent requests, and other related information. Disaster In preparation for the threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service provider facilities in order to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or the Governor of the State of Florida declares a disaster or a state of emergency, the Department of Elder Affairs may exercise authority over an area agency or service provider in order to implement emergency relief measures and/or activities. In either of these cases, only the Secretary, Deputy Secretary of the Department of Elder Affairs or his/her designee shall have such authority to order the implementation of such measures. All actions directed by the Department of Elder Affairs under this section shall be for the purpose of ensuring the health, safety and welfare of the elderly in the disaster area. Volunteers The Area Agency on Aging will promote the use of volunteers' as JUL 2 8 1998 07101/98 Rate Agreement HCE 203.316.98 prescribed in Section 430.07, ~lorida Statutes. In addition, the Area Agency on Aging will increase the use of volunteers in the planning and service area by providing training, technical assistance, and funding, where possible, to their contract agencies. 9. Home Care for the Elderly Subsidies and Case Management Information so bo The Area Agency on Aging shall employ a Local Area Network (LAN) Administrator who shall assure Area Agency on Aging compliance with the requirements of the "LAN administrator Guidelines" adopted by the department. These "Guidelines" delineate the roles and responsibilities of the Local Area Network Administrator. The Area Agency on Aging shall assure any other support necessary for full "L3~ Administrator Guidelines" compliance. Area Agencies will insure the collection and maintenance of Home Care for the Elderly (HCE) Subsidies and Case Management info.~mation on a monthly basis from the Client Information and Registration Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to agency standards. ' Lead Agencies must enter all data for HCE Subsidies in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payraents incurred between the 16th of the previous month and the 15th of the current month. Case Management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month. Case management units of service may be entered according to the agency schedule, in aggregate on the 31st or daily, weekly or monthly. Lead Agencies will cease data entry for HCE Subsidies on the 15th of the month and run a CIRTS Monthly Service Utilization Report, by client and by worker identification. Lead Agencies will verify, correct, and certify the Monthly Utilization Report, by client and by worker identification, and submit this report to the Area Agency on Aging by the 20th of the month in which the report is generated. The Area Agency on Aging may also require a Request for Payment and Receipt and Expenditure Report for case management to accompany this report. Caregivers who are determined eligible for the HCE Basic Subsidy after the 15th of a month, will be processed by Lead Agencies to begin eligibility for the HCE Basic Subsidy on the 1st day of the next month. g. Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, 15 Agen"d a. Item No._ UL 2 8 1998 07/01/98 10. Rate Aqreement HCE 203.316.98 each provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up of data and software is required to recover from losses or outages of the computer system. Data and software essential to the continued operation of agency functions must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES) Program Those persons who are functionally assessed by the Comprehensive Assessment Review and Evaluation for Long Term Care Services (CARES} Program to be at im.~inent risk of nursing home placement and referred to the Home Care for the Elderly Program will have services started immediately. The provider must shelter an adequate portion of funds to serve these cares referrals. 1!. 12. Business }{ours Providers must maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. Transfer Between Budget Categories The provider may with prior written approval by the agency, implement a budget transfer from the HCE case management cost category to the HCE subsidies cost category. 13. Client Outcomes a. In preparation for performance-based program budgeting, the provider will develcp client outcome measures consistent with those developed by the agency, including the following: · Elders will live in the least restrictive and most appropriate setting · Services wi].l be provided to those elders most in need · Frail elder functional status is maintained or improved · Long-term care resources are efficiently and effectively used · Client environment is maintained or improved . Social interaction is improved · Nutritional risk is reduced · Caregiver emotional and physical health are maintained or improved · Elders, families and/or caregivers are better informed so that elders are better able to exercise autonomy and make informed choices b. In preparation for performance-based program budgeting, the agency will set targets for the performance of outcome measures. These targets will be amended into contracts. The provider will be responsible for achieving these targets. ~6 JUL 2 8 1998 { 07/01/98 Rate Agreement HCE 203.316.98 14. Management Objectives · Ensure the Board completes an annual performance evaluation of the provider director · Ensure effective communication between staff and board · Ensure adequate planning and preparation occurs in the development of the service provider application and service provider application amendments within department established timeframes Name, Mailing and Street Adchress of Payee: 1. The name (provider name as sho~ on page 1 of this rate agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Board of County Commissioners 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 The name of the contact person, street address and telephone n~T~er where financial and administrative records are maintained: Project Director Collier County Government Center, Building H 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 (941) 732-2681 17 Agenda ~t~m UL 2 B 1998 Pi; o..-~ 07/01/98 Rate Ag.reement HCE 203.316.98 IN WITNESS THEREOF, the parties hereto have caused this 23 page rate agreement to be executed by their undersigned officials as duly authorized. Collier County Board of County Commissioners AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. SIGNED SIGNED BY: BY: TITLE: Choirman NAME: TITLE: MarV Alice Ferrell Board president DATE: FEDERAL ID NUMBER: 596-OO0-Sq8 PROVIDER FISCAL YEAR ENDING DATE: DATE: JUNE 30, ~998 9/3Q/9~ Approved fcr ferm and l ega'l sufficiency with ras?ect to · County - ~ ~~q. Count3 ~A{torneZ 18 07/01/98 Rate Agreement HCE 203.316.98 ATTACHI~ENT I FINANCIAL ~ CO~4PLIANCE AUDITS ; attachment is applicable, if the provider or grantee hereinafter referred to as provider, ~ny local government entity, nonprofit organization; or for-profit organization. PA~T I: SINGLE AUDIT This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more from the agency during its fiscal year. The provider has "received" funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by the agency. The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with the current Government Auditinq Standard% ("Yellow Book") issued by the Comptroller General of the United States. Local governments shall comply with Office cf Management and Budget {OMB) Circular A-128, Audits of State and Local Governments. Nonprofit providers receiving federal funds passed through the agency shall comply wilh the audit requirements contained in OMB Circular A-133 , Audits of Institutions of HiGher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entir~ organization for the organization's fiscal year, not to exceed 12 months. The scope of the audit performed shall include the financial audit requirements of the "Yellow Book", and must include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. An audit performed by the Auditor General shall satisfy the requirements of this attachment. Compliance findings related to contracts with the agency shal~ be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. All questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. These nents do not expand the scope of the audit as prescribed by the "Yellow Book". provider has received any funds from a grants and aids appropriation, the provider will also subrait a compliance reports(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. Copies of the financial and compliance audit report, management letter, .and all other correspondence, if any, related to audits performed by independent auditors, other than the Auditor General, shall be submitted within 150 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Chief Financial Officer for the agency (3 copies) B. Submit to this address only those reports prepared in accordance with OMB Circular A-133: Federal Audit Clearinghouse U.S. Bureau of the Census Jeffersonville, Indiana 47132 Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter 10.600: Jim Dwyer Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 provider shall ensure that audit working papers are made available to the agency, or its ghee, upon request for a period of five years .:rom the date the audit ~por~9~d~s~~, u~less .~nded in writing by the agency- / ~O.. / JU . 2 19'38 i 19- 07/01/98 Rate Agreement HCE 203.316.98 PARTII: GRANTS AND AIDS AUDIT/ATTESTATION This part is applicable if the provider is awarded funds from a grants and aid appropriation, and is either {1) a local government entity or nonprofit organization receiving a total of less than 525,000 from the agency during its fiscal year or (2) a for-profit organi~ receiving any amount from the agency. The provider has "received' funds'when it has obtained cash from the agency or has incurred expenses which will be reimbursed by the agency. If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of the Author General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. Compliance findings related to contracts with the agency shall be based on the contract requirements, including any rules. regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing whether or not matching requirements were met. Afl questioned costs and liabilities due to the agency shall be calculated and fully disclosed in the audit report with reference to the agency contract involved. If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the provider may have an audit as described above or have a statement prepared by an independent certified public accountant which attests that the provider has complied with the provisions of all contracts funded by a grants and aids appropriation. If the amount received from grants and aids appropriation awards does not exceed $25,000, the provider will have the head of the entity or organization attest, under penalties of perjury, that the organization has complied with the provisions of all contracts funded by a grants and aids appropriation. Copies of the audit report and all other correspondence, if any, related to audits performed by the independent auditor, or the attestation statement, shall be submitted within 1 50 days after the provider's fiscal year end to the following: A. Chief F~nancialOfficer for the agency (3 copies) B. Jim Dwyer Office of the Auditor General P.O. Box 1735 TalIahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the agency. PART Ilk NO AUDIT REQUIREMENT This part is applicable if the provider is not awarded funds from a grants and aids appropriation, and is either {1) a local government entity or nonprofit organization receiving a total of less than $2.5,000 from the agency during its fiscal year or (2) a for-profit organization receiving any amount from the agency. The provider has "received' funds when it has obtained cash from the agency or when it has incurred expenses which will be reimbursed by th,3 agency. The provider has no audit or attest;~tion statement required by this attachment. DOEA-I048 g/"JO/g2 2O 07/01198 Rate Agreement HCE 203.316.98 ATTACF~MENT II HOME CARE FOR THE ELDERLY BUDGET PSA $ Original Amendment PROVIDER: Collier County Board of County Commissioners X 1. Case Management 2. HCE Subsidies 4. Total $ 29~440.50 $ 101,573.00 $ 131.013.50 21 07/01/98 Rate Agreement HCE 203.316.98 ATTACHMENT III RATE AGREEMENT REPORT CALENDAR HOME CARE FOR THE ELDERLY Report Number Month 1 July 2 August 3 September 4 October 5 November 6 December 7 January 8 February 9 March 10 April 11 May 12 June 13 Adv. Recon.** 14 Adv. Recon.** 15 Adv. Recon.** 16 17 Based On Submit to AAA on This Date Submi t to DOEA on This Date Advance*Cash Need Advance*Cash Need Advance*Cash Need July Utilization Reports August Utilization Reports September Utilization Reports Oct October Utilization Reports Nov November Utilization Reports Dec December Utilization Reports January Utilization Reports February Utilization Reports March Utilization Reports April Utilization Reports May Utilization Reports June Utilization Reports Final Request for Payment Closeout Report June 29 July i June 29 July 1 July 27 Aug 1 Aug 20 Aug 25 Sept 20 Sept 25 20 Oct 25 20 Nov 25 20 Dec 25 Jan 20 Jan 25 Feb 20 Feb 25 Mar 20 Mar 25 Apr 20 Apr 25 May, 20 May 25 June 20 June 25 July 20 July 25 Aug 20 Aug 29 Sept 07 Sept 13 Legend: Note ~ 1: Nate # 2: Note # 3: Note # 4: Note ~ 5: Advance based on projected cash need. Submission of CIRTS reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report'. Report ~1 and ~2 for Advances should be submitted to the AgL~ prior to July 1 or until the contract with the Provider has been executed and a copy sent to the Agency. Accuracy' and timely receipt of reports is essential, or submission for payment may be delayed or denied. Ail CIRTS HCE Utilizaticn reports are due in AAA office by the above schedule dates. Note all HCE data must be entried into CIRTS by the 15th of the month. A final request for payment may be submitted to the AAA by the provider up to 45 days after the contract has ended. The last three months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first three months of the contract. If the deadline will be the preceding Friday. request due date is on a week-end or holiday, 22 07/Ol/98 Rate Agreement HCE 203.316.98 ATTACHMENT IV MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ACTIONS DEENfED TERMINATIONS. ~ERVICE: TRANSFERS OR DISCHARGES: AND ADVERSE SCREENING OR ANNUAL REVIEW.. SUSPENSIONS. OR REDUCTIONS IN DETERMINATIONS RELATING TO NOTICE OF DECISION OF AC'TON TO BE TAKEN AND EXTLANATION OF THE GRIEVANCE PROCEDURE FOR REVIEWING THAT DECISION · Notice of decision and an explanation of tile grievance procedure must be mailed no less than 30 calendar* days prior to the date action will be taken. (Prior notice is not applicable where the health or safety of the individual is endangered if action is not taken immediately: however, notice must be made as soon thereafter as practicable.) · The Notice must contain: a statement of what action is intended to be taken; the re, asons for the intended action; the specific la.a', rule. regulation, or change of law tlmt requires the action; , an explanation of: tile individual's right to a grievance review if requested in v. xiting and delivered ,vithin 14 calend.qr* days of the Notice postmark (assistance in writing, submining and delivering the request must be offered and available to the individual). the indi,'idual's right, after a grievance reviev,', for furlher appeal. the right to seek redress through the courts if applicable; an explanation orthe circumslances under which current benefit& if any. are continued ifa grievance revie.a' is requested, and until a final decision is made to discontinue sen'ices; and a s'.mement that the individual ma)' represent herself or use legal counsel, a relative, a friend, or other qualified representative in the requested re,'iew proceedings. · All records of the above actMties must be presort'ed and remain confidential. GRIEVANCE REVIEW PROCEDURE UPON TIMELY RECEIPT OF A WRITTEN REQUEST FOR REVIEW · Within 7 calendar* &."O's ofthe receipt ofa requ~ for rm4ew, tile provider must ackno.a'ledge receipt of the request by a wrinen statement delivered to the requester. This statement m, tst also provide notice of: the time and place scheduled for the re,de'a: the designation of one or more impartial re,4ewers who have not been involved in the decision at issue; the opportunity to examine, at a reasonable time before the review, file indMdual's o.a'n case record, and to a copy of such case record at no cost to the individual; the opportunity to informally present argument, evidence, or witnesses without undue interference at a reasonable time before or during tile reviev,; a contact person for any accommodations required under file Americans v,4th Disabilities Act; assistance, if ncoded, in order to attend the review; and the stopping of file intended action until all appeals are exhausted. · All grievance reviews must be conducted at a reasonable time, date and place by one or more impartial re;4ev,'ers who have not been directly involved in the initial determination of tile action in question. The reviewer(s) must provide written notification to the requester within 7 calendar* days alter the grievance review of: the decision, stating the reasons therefore in detail: effect the decision has on current benefit:., if favorable, or tile circumstances regarding the continuation of current benefits un!il all appeals are cxhausled; the individual's right to appeal an adverse ,aecision to tile Area Agency on Aging 23 Agend~ NO.~ JUL 2 8 1998 Pg · ~___~ 07/01/98 Rate Agreement HCE 203.316.98 by ~iltcn rcqucst wilhin 7 c,31cndar* days; Ihc availabilily of assistancc in wriling, submiIling and dclivcring thc appcnl Io thc appropriate agency; the opportunity lo be represenled by hersel£or by legal counsel, a relative, a friend or other qualified representative. PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION UPON TIMELY RECEIPT OF A WRITTEN APPE...~L. TO THE AREA AGENCY ON AGING Within 7 calendar" days of thc receipt of a notice of appeal ora grievance review decision, file AAA must acknowledge receipt of the not/ce of appeal by a v, vitten statement delivered to the appellant. This statement must also provide notice of: the time and place scheduled for tile appeal; the designation of one or more impartial AAA officials who have not been involved in the decision at issue; the opportunity !o examine at a reasonable time before the appeal the indMdual's own ease record to date, and to a copy of such c.~se record at no cost to the individual; the opportunity to informally present argument, ~'idence, or witnesses without undue interference during the appeal assistance, if needed, in order to atlend the appeal; and the mopping of the intended action until all appeals are exhausted. All appeals of grie,,mx:e revie'w~ must be conducted at a reasonable time, dale and place by one or more impartial AAA officials who have not been directly involved in the initial determination of the action in question. The designated AAA official(s) must provide written notification to the requester within 7 calendar* days after considering the grievance review appeal of.' ' the decision, slating the reasons therefore in detail; the effect the decision has on current benefits, if favorable, or the circumstances regarding continuation of current benefits until all appeals are exhausted; the individual's right to appeql, if applicable. Except for Medic:aid Waiver actions, the decision of fire AAA sl~l be the final decision. For Medicaid Waiver actions, the written notification must also notice of the indi,,4dual's right to apt.,cal an adverse decision to the Agen%' on Health Care Admini (AIqCA) for a fair hearing procedure (Medicaid Waiver actions only); and the availability of assistance in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. All records of the above actMties must be preserved and remain confidential. "In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. ' NOTE: ALSO SEE 42 C.F.R. 431.200-.246 and AHCA Rules $9G-.1.010(85), (98) and (99), F.A.C.,"Falr Hearings," "Grievance," and "Grievance Procedure." 24 EXECUTIVE SUMMARY APPROVE A RESOLUTION REQUESTING THE COLLIER COUNTY COURT TO ISSUE ORDERS TO SHOW CAUSE TO PERSONS WlTIt OUTSTANDING CITATIONS WRrlWEN BY COLLIER COUNTY ANI]VIAL CONTROL OFFICERS OBJECTIVE: To following procedures as set forth in Collier County Animal Control Ordinance 93-56 for unpaid citations. CONSIDERATIONS: Collier County Animal Control officers issue court citations to pet owners who are in violation of Collier County ordinances. When the person cited fails to pay or appear in court, there is no automatic follow up through the court system because the cases are civil rather than criminal. Collier County Ordinance 93-56 states that the court may, upon request of the Collier County Board of Commissioners, issue an "Order to Show Cause" to persons with unpaid fines. Persons who fail to appear in response to the court's directive can then be held in contempt of court. At this time Collier County Domestic Animal Services has over 20 outstanding unpaid citations. ,GROWTH MANAGEMENT IMPACT: There is not Growth Management Impact associated with this action. ~.FISCAL IMPACT: Collection ofadditional fine revenue will result from this action. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS approve a resolution requesting the Collier County Court to issue "Order to Show Cause" to persons with outstanding citations written by Collier County Animal Control officers. J~j...~M',orelocf<, Doj~stic Animal Services Director Approved by~'~"-~,L Thomas W. Olliff "~ Public Services Administrator I 2 3 6 7 $ 9 I0 ti 12 13 1-: 15 16 17 18 19 20 21 23 24 25 26 27 28 29 0 1 32 33 35 36 37 38 39 -;0 .:1 -:2 -:'3 -;4 .~$ 47 ~9 50 52 56 59 RESOLUTION NO. 98- A RESOI.UTION OF ]'lie BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI.ORIDA, IN REGARD TO ANIMAL CONTROL VIOLATIONS. AL'TItORIZING Al.l. DIRECTORS OF TIlE DEPART3IENT OF DO?,IESTIC ANI31AL SERVICES I:(}1,1 ('()I.I.IER COUNTY ·I'() REQUEST TIIAT JUDGES OF T!IE FLORIDA COURT.q IN COLI.IER COUNTY ISSUE "ORDERS TO SIIOW CAUSE" TO I'ERSONS V/IlO fall. T() I'AY TIlE CIVil. PENAI.TY. FAIL TO APPEAR IN COURT TO CONTES'I SI'('II A CITATION. OR FAll· l'O APPEAR IN COURT FOR A MANDA'F(JRY ('tH'ICI-XPI'EARA.'gCE. X*"ilEREA.$..',Tb,:',.:ma :';2", 27t2~{t~. t'7,m~L: Statutes, regarding local animal control and ce'achy faxes ar.d ,,r,!m.mces. pro'.;des that ~fa person cited fails to pay the required civil fine. ,"arts to appear m cc.u:: :.; c,,n:e~,: un an:rna; con:roi law citation, or fails to appear in court for an,,' rnar, datoD, coua appearance related to animal control laws, the Judge is expressly authorized t~ ~ssue an "Ord._': :c ~:".o:,. C'ause" upon the request of the governing body of the respective Count.'.'. Each such "Order to Show Cause" requires that the person cited must appear before the Judge to e×pia:n v.h-. the required action specified in the citation had not been taken. If anv person who :s issued .each an "Order to Show Cause" fails to appear in response to the Coun"s directive, thai peri,or. ::ia'.' be held in con:erupt of court: and WfIEREAS..:, sin',ilar pro'.'mon exists :n Section Seventeen of Collier County's Animal Control Ordina..'~cc. and WIIEREAS. :he Director of the Department of Domestic Animal Services is appointed by the Board of Coua¥ L'omm~ss~on,,:rs Ia} to mvesttpate and otherwise enforce any violations of Chapter 825. /:,'ora:',: .5':,::utcs. and an,..' other Florida Lax,,' that has a purpose of protect:ag ammals or prexcnt:ng tm,. act o( cruelty to an,.' animals, and (by to investigate and enforce viola:ions of ar,'. Court5 Ordinances that have an,,' such purpose; and WIIERE:*'h. ,,',x. means ofcnforcmg such lav, s ami ordinances is requesting thal 'l Judge of'thc ('ounP. ('t,u:: ,,: ,,I thc ('l/CtJl'. ('ourt issue art "Order to Show Cause" whorl a person has Seen cued x~ ,~ a ~ ~oia:~on o:' any such law or ord:n~ce fails to pay a civil fine as required b? an animal con:roi ct:att.m. Fa:Is to appear in court to contest such a citation, or fails to appear m court ~ rcqmrcd bv a n,andatoO, coua appearance: and WtlEREAS. Jodl Mordock. the Director of the Department of Domestic Animal Services of Coil'.er C'oun:5. has mfo~ed this Board that several animal control citations are pending and she des:rcs tke one or more Judges issue, as appropriate, "Orders to Show Cause" pursuant to Section S"'~ ~- ?/ortd,7. S:;,'[ules; and WIII'iR}LAS. the .r):reclor of t!:e Dcpartmen! of Domes,lc Animal Services of Collier Count.,.'. has requested :hat tlc Board'.~ pox~er and authority to roquest that Judges issue Section ~.~ ~. F.S., "Orders w S!:~,x~ Cause" be de!eeated to her and to all subsequent Directors of that Department: "~:d - WIIEP, EAS. the Board or' Count.',' Commissioners, in response to her request, desires to delegate to Jodl .Morelock and to all subsequent D~rectors of the Department of Domestic Animal Sen'ices for Coil:er Coun;). its power and authority to request that one or more Judges issue Sect:on $,S._ .. ,,-':'.';. "Orders to Show Cause" as the respective Director deems to be appropriate. NO',*,', TIIEI/EFORE. BE IT RESOLVED BY TtIE BOARD OF COUNTY CO.'si.MISSIONERS OF COI.LIER COUNTY, FLORIDA that: I. [.:ac!: D:rcc;or of ti~e Devanmem of Domeslic .Animal Services for Collier Count,,' pursuant to Subsec: on ,S'k 03 /:,' r ' - " ..... o ida Statae& ~s. by appointment to that posnion, authorized to the greatest exte,~t that the Last alio~vs to investigate and enforce all laws and ordinances related to an:mai contro} and or the prevention of cruelty to any animals. -I- Agenda Item 1 .o..,.Ce) .IIIL 2 8 199B I 2 3 $ 7 I0 Il 12 13 I6 17 15 19 2! 23 27 25 29 3O 2. Jod, Morelock, as Director of the Department of Domestic Animal Sen'ices for Collier Count)'. Is hereby authorized, on behalf of the Board of Count)' Commissioners. to request on the Board's behalf that Judges issue Section 827.27. F.S. "Orders to Show Cause" as she de,ermines to be ,:'ppropn:,~e under the circumstances of each respective case. 3. Th~s delega:ion of authority shall automatically apply to each individual hereaP..er appointed to be Detector of the Depar:ment of Domestic Animal Sen'ices for Collier Count.-,,. 4. Th~s Resolution shall continue in full force until repealed. This Resolu::on adopted this and majority vote favoring same. day of ,1998, after motion, second ATTEST: DWIGHT E. BROCK, Clerk B O..Mq.D OF COUNTY COMMISSION'ERS, COLLIER COUNTY, FLORIDA Deput? Clerk Approved ax :o For::. and Legal Sufficlenc'. Thomas C. Palmer. Assis:;mt County Ai:omev By: BARBARA B. BERRY, Chairman -2- JUL 2 8 1998 EXECUTIVE SUMMARY APPROVE THE RENEWAL OF RFP # 96--2521, "INDOOR AIR QUALITY CONTRACTOR FOR HVAC" FOR AN ADDITIONAL TWO YEARS. OBJECTIVE: To have the Board of County Commissioners approve the renev.'al of RFP # 96-252 I, "Indoor Air Quality Contractor for HVAC", for an additional two years. CONSIDERATION: The current indoor air quality contract with Pure Air Inc. provides for a two-year extension. As part of the County's regular preventive maintenance program, all air conditioning equipment including; airhandlers, coils, vents and ductwork must be cleaned and chemically treated to prevent molds and funguses from growing within the air-conveyance systems. Pure Air Inc. was awarded the contract for the past two years, and has provided the County with outstanding service in the remediation of indoor air quality issues and diagnosing potential hazards. It is the Departments recommendation to extend the contract with Pure Air Inc. for an additional two years based on existing pricing as stated within the contract. FISCAL IMPACT: Funds for these products and services are budgeted within the General Fund Building Maintenance Cost Center (001-122240-646283). Expenditures for remcdiation of indoor air quality maintenance and services are estimated at $100,000 annually. GROWTH MANAGEMENT IMPACT: None RECOhlSIENDATION: That the Board approve the renewal of RFP # 96-2521 for an additional two vears to Pure Air Inc. as ~ddressed within the contract. Daniel R./Roddguez, Fa~J~anager - Department of Facilitids Management REVIEWED BY: .--'~~--~'~-~-z~' ,~-'~'7 Date: Skip ~am~ CFM, Dir'ector Department of Facilities Management REVIEWED BY: ~t/"t/'.cc, l,,to _L~t//.~z/.A Stephen Y. Carnell, Director/ Purchasing Department 0~(-~ Date: 7-d APPROVED BY: "'--~' Leo E. Ochs, Jr., Admip~stratbr Support Services Date: Ac~^ ITE. J U L 2 8 1998 EXECUTIVE SUMMARY AWARD RFP # 97-2755 FOR THE REPLACEMENT OF THE BUILDING MAINTNENANCE WORK ORDER SYSTEM AND APPROVE NECESSARY BUDGET AMENDMENTS OBJECTIVE: To have the Board award RFP # 97-2755 for the replacement of the building maintenance works order system and approve all necessary budget amendments. CONSIDERATION: The Department of Facilities Management is responsible for maintaining 254 facilities Countywide. On a daily basis, anywhere from 25 to 45 work order requests are generated from the many different occupants in the County for repairs and maintenance requests of those buildings. A work order system is utilized to assign the individual requests to the appropriate Craftsman and assign the request a work order number for tracking. This information is tracked and a history of the building repairs, equipment, and costs are kept in a database for bench marking, billing and history.. Thc existing work order system has limited capabilities. This system works on an outdated VAX system (mainframe), which is not Year 2000 compliant. Maintenance on this system is expensive and '.'eD' time consuming. This old system does not meet the new standards established for the countyv,'ide network. In addition, the old work order system does not capture operating expenses by building or equipment. Over the past several months, this system lost its capability to run reports. Many functions for establishing preventative maintenance schedules and tracking historical repairs are not incorporated into the existing program. On November 3,1997, the Purchasing Department published an RFP for a replacement work order system. Seven vendors responded and were reviewed by a panel consisting of representatives of the Facilities Management Department, Information Technology Department and the Purchasing Department. The Panel sele.zted Archibus as the best facilities work order system in price and also meets the requirements el'the Building Maintenance Department and the County's network. The Facilities Management Department's objective is to presev,,e and extend the useful life of existing and future facilities by utilizing the most efficient and cost-effective facility management practices. Those practices include utilization of a computer aided facility work order system. The Archubus Work Order System incorporates several different facilities management modules. The work order module can be utilized to analyze productivity and improve efficiency. A large database would be implemented to track repair and maintenance history. This history will be used to analyze equipment and buildings, and show areas in need of improvement and/or repair. Other features of the A.rchibus work order system would enable staff to run reports on craftsman accountability, downtime for equipment and comparisons between in-house repairs outsourcing. Several other modules include Space Planning with~-' ~A~o.£n{},~,._ / ! J U L Executive Summary Cont. RFP 97-2755 Page 2 design, which is utilized for vertical construction and inventory of existing space and equipment The Inventory Control Module handles inventory through bar coding, which provides accountability of resources and assets. All modules are compatible with each other and utilize features such as budget reporting~ blanket PO tracking and a web page for work request entry. This ne,.,,' system is very user friendly. Archibus will utilize the Countywide Web so Department users can easily access information and enter request via the Web. This system is also very customizable. Many features can be customized to fit Collier County's needs without additional expenses. Our own Information Technology Department will handled tile majority of our system support. This will allow us to budget minimal funds for product support. FISCAL IMPACT: Total cost for this project is $62,500. Funds are available in project 301-120435-80197 (Building W Expansion). Base price for the new work order system is $16,071. Training, installation/implementation and Web features cost are $31,440. $14,989 will be spent for Hardware, equipment upgrades and a new server. Support will be based on usage at the contracted rate ofS25 per quarter hour, anticipated to be less than $3,000 annually. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board award RFP # 97-2755 to CADD Development for the replacement of the building maintenance work order system, approve all necessary budget amendments and authorize the Chairman to sign the contract after review by the County Attorney's Office. ~~.~~.~~~~~ Department of FacilitiEs Management REVIEWED BY: r/'~'~~__.. _~"~~ Skip Camp, CFM, DIrector Department of Facilities Management Date: Stephen Y'. Carnell, Director Purchasing Department Date: Leo E. Ochs, Jr., Adminiistrator Support Servmes D~v~s~n Date: AG~ NOA ITEM. ,,o. //,, J U L 2 8 1111t8 Pg. ~ APPROVAL OF A $39,100 APPROPRIATION FROM RESERVES IN FUND 408, COUNTY WATER-SEWER DISTRICT OPERATING FUND TO PAY FOR PRIOR YEAR BANK CHARGES OBJECTIVE: Board of County Commissioners approval of payment for prior year lock box and clearing house (ACH) direct debit bank service charges by appropriating $39,100 from Fund 408, the Water-Sewer District Operating Fund, reserves. CONSIDERATION: The Clerk's banking services contract has several optional or ancillary service components. These ancillary service components are services that Departments in the Board's Agency can use based on a pre- negotiated charge. Two of theses services, retail lock-box and an ACH direct debit activity, are used by the Department of Revenue. The banking services contractor has, inadvertently, failed to direct bill for the services provided during fiscal 1 996 and fiscal 1997~ Instead, they have included these charges as part of the County's account analysis activity charges. Upon recognition of their error, the banking services contractor, is requesting payment for these services after giving credit to the County for the account analysis activity charges. The County received the services in prior years and is responsible for their payment. Staff has verified the accuracy of the charges. GROWTH MANAGEMENT IMPACT: N/A FISCAL IMPACT: The cost for services received in Fiscal 1996 and Fiscal 1997 is S39,100. There are no funds appropriated for prior year expenses in Fiscal 1998. An appropriation of reserves is necessary to make this payment. Fund 408 Reserves for Contingencies - Reduction of ($39,100) 408-990000-991000 Fund 408 Prior Years Expenses - Increase of $39,100 408-210110-982000 AGENO& ~TE~I -- .o. /~r)~ JUL 2 8 1998 RECOMMENDATION: Board approval of the identified budget amendment and authorize payment of prior year expenses for bank service charges incur, red in Fiscal 1996 and Fiscal 1997. Prepared by: ~ ~ ~,.,..~.,..:,.~--,,.., ~,..,..~ Mary Jo Th~rson, Revenue Manager Department of Revenue Date: Reviewed ',JoppA. Yon~ost~, Di~ec~ Del~rtment 6f Revenue Reviewed ~l/ames L. Mitchell, Director Finance and Accounting Reviewedb . ~~~Manager Division of Public Works Approved by: ~-~'~-~ '~~~ Leo Ochs Jr, Adm(~'strator Support Services Division _ Date: Date: Date: Date: JAY:pc ~0~ I_TE~ JUL 2 8 1998 AUTHOI~IZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Recommendation that the Board of County Commissioners authorize the Chairman to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier Count)', Florida CONSIDERATIONS: The Board of County Commissioners authorized the filing of Liens, for the purpose of receiving compensation for nuisance abatement on the real property described as follows: SEE EXHIBIT "A' Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the Public Records of Collier Count.',', Florida. FISCAL IMPACT: The appropriate recording fees $132.00 are charged to the MSTD General Fund - Code Enforcement Admin. (111-138911). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct thc Clerk of Courts to record same in the Public Records of Collier Count', Florida. Para Cai/lis, Revenue buperv~sor Re~/e Services Department Reviewed bv:///~'~ ~ ~/~/----'-~ ------ ' 'I~eresa A. Ridden, Revenue Manager Revenue Services Department ~..~ Reviewed by: Joh~/~. X~_o nk°sky~X~,ct°r Rev' .e~ Services Depatqment Leo (~chs, Jr., Adm~nistrat0r/ - Support Services Divi~ pc:pc Date: Date: J 1J L 2 8 EXIIIBIT "A' I. Gall K. Brehm, Folio #/-'7210720006, Lot 13, Block 2, Trail Acres 2. Jessie Roberts Est % Sylvia Mae Taylor, Folio #66882360009, Lot 1, Block D, Pinecrest Subdivision 3. Jessie A. Roberts Est, % Sylvia Mae Taylor, Folio #66883040001, Lots 19 and 20, Block" D", Pinecrest Subdivision. 4. Jessie Roberts Est, % Sylvia Mae Taylor, Folio # 6688°~360009, Lot 1, Block "D", Pinecrest Subdivision. 5. Paul F & Shelley M Smith,, Folio # 57737440009, Lot 1, Block 280, Marco Bch Unit 8, a Subdivision. 6. Stanley Wronski, Folio # 61835680003, The East 200 feet of the West 640 of lot 47, NAPLES GRO~'E & TRUCK COMPANY'S LITI'LE FARMS, NO 2. 7. R K Realty, of Florida Inc., Folio #68340440003, Lot 11, Port-Au-Prince 8. R K Realty, of FL Inc., Folio #68340520004, Lot 13, Port-Au-Prince 9. R K Realty, of FL Inc., Folio #68340720008, Lot 18, Port-Au-Prince 10. R K Real~' of FL Inc., Folio #68340480005, Lot 12, Port-Au-Prince 11. R K Real~' of FL Inc., Folio #68340480005, Lot 12, Port-Au-Prince 12. R K Realty of FL Inc., Folio #68340720008, Lot 18, Port-Au-Prince 13. R K Real~' of FL Inc., Folio #68340640007, Lot 16, Port-Au-Prince 14. R K Realty of FL Inc., Folio #68340640007, Lot 16, Port-Au-Prince 15. Young Electric Co Inc., % J R Young, Folio #0'[056400006, a certain parcel or track of land on Goodland point. 16. Collier Commercial Der Corp, Folio #61840920004, Lot 109 less and excepting the West 425 feet and the Kelly Road Right-of-Way, Naples Grove and Truck Co's Little Farms, No. 2. 17. Robert S Steffey, Folio #61330640001, Lot 21, NAPLES BAYVIEW 18. Robert S Steffey, Folio #61330600009, Lot 20, NAPLES BAYVIEW 19. Marlo G & Donna Diacri, Folio #57380320000, Lot 26, Marco Beach Unit 6, Block 245. JUL 2 8 1998 I 20. Delio G Condomina, Jose M. Condomina, Folio #62252640007, Lot 13 Block 4, Naples Manor Lakes. 21. Delio G Condomina, Jose M. Condomina, Folio #62252640007, Lot 13 Block 4, Naples Manor Lakes. 22. Imperial Five Inc, Folio #51544804203, Lot 15, IMPERIAL GOLF ESTATES, PHASE V EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENTS FOR UNANTICIPATED REPAIRS. OBJECTIVE: To approve a budget amendment for unanticipated repairs within the Building Maintenance Department. CONSIDERATIONS: · This year's unanticipated, large repairs include: replacement of air conditioning air handlers in the Main Jail Facility and Veterans Community Park, electronic fire alarm boards, Golden Gate Community Park drain field, Vanderbuilt Beach Lift Station, security fencing for the Immokalee Courthouse and others as documented on the attached list. Included in this list is $33,200 for self contained "packaged" air conditioning units, one of which was recently installed in Section C-2 of the Jail where temperatures reached 86 degrees. The result was immediate and considered very effective. Staff is recommending the purchase of three additional units for the balance of the jail inmate sections. (ceiling fans were added last year with marginal relief). FISCAL IMPACT: Cost of unanticipated repairs $65,483 Transfer within Facilities Management <45,000> Transfer from General Fund Reserves (001) <20,483> Cost of 4 package AC units Jail: Transfer from Co. Wide Facilities Capital (301) Reserves to Project 80504 Environmental $33,200 <33,200> Funds for the unanticipated repairs are available within the Facilities Management Department ($45,000) Cost Centers 126334 & 122220, and the General Fund ($20,483). Funds for the Jail AC units would be transferred from 301 Reserves to Project 80504 as stated above. GROWTtI MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached budget amendment for unanticipated building maintenance repairs and for the purchase and installation of four air conditioning "package" units as addressed within this summary. AGENOA ,.1 TIM/ JUL 2 8 1998 ............. ,j -,.._ ............................................. The Department of Facilities Management Building Maintenance Section Unanticipated Operational Expenses Executive Summao' July 5, 1998 Prepared By: , ' .~~~".~- ~~''7 Date: Skip Camp, CFM, Director The Department of Facilities Management Leo E. Ochs, Jr., Ad~istrator Support Services Di~-igion Date: JUL 2 8 1~8 i BUDGET AMENDMENT REQUEST 98 proved. iAFor BudgcVFinancc Usc Only JE# ................................. B^R~ .............................. .?.H. Date ....................... EXPE~ ~°st Center Title l lCost Center No.-~Project Title No. Expenditure Increase Expenditure Object Code 634999 Title Other Contractual Service (Decrease) 65,483 TOTAL 65,483 Current Budget 62,500 Revised Budget 127,983 Custodial Servi~ces II122220 - -'-"~N/A --~ Cost Center Title ~Cost Center No. .~Project Title Project No. Expenditure _ -Object Code 634999 Expenditure Title Other Contract. Services Grounds Maintenance Cost Center Title ~15,000) I 641,500 TOTAL (15,000) Expenditure _ Object Code _ 634999 Title 26334 -----'~ NIA ost Center No. 1 IProject ~Expenditure Title Other Cont. Services TOTAL -~Project No. Increase Current Revised - ~'r~],-,--,-~a~e~~ IBudget ~Budget ~ t'(~;;0';~; - ' ~ ~53,000 ~13~23,000 _ ~ ri. t~ ~- REVENUE BUDGET DETAIL Reserves 919010 N/A I Cost Center Title Cost Center No. Project Title [ Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 991000 Res. For (20,483) 452,186 431,703 Contingen.cies TOTAL (20,483) EXPLANATION Why are funds needed? Funds needed to cover unanticipated repairs to several of the County's facilities. Where are funds available? Funds are available in Custodial Services and Grounds Maintenance and Reserves. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: JUL 2 8 1998I BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BAR~ .............................. A.P.H. Dale ....................... FL.:ND TITLE Facilities Management Co. Wide Date prepared: 7f7/98 BCC Agenda date if previously approved. FU~'D NO. 301 Attach Executive Summary Item No. EXPENSE BUDGET DETAIL Other Cost Center No. /Project Title [Project No. Cost Center Title Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 762200 Bldg. 33,200 150,000 183,200 Improvements TOTAL 33,200 Cost Center Title ] ]Cost Center No. Project Title Expenditure Object Code 9910O0 I IProject No. Expenditure Title Res. For Contingencies Ilncrease [.?ecrease) [ :3,2oo) [ Current lBudget [5,834,296 TOTAL (33,200) Revised Budget 5,801,096 REVENUE BUDGET DETAIL I Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds are needed to cover unanticipated AC units for the Jail. Where are funds available? Funds are available in Reserves For Contingencies. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Department of Facilities Management FY 1998-99 Budget Unanticipated Operational Expenses I Repairs Description Cost 1 Building J Air Handler Replacements $ 9,000 2 Veterans Comm. Park NC Replacement $ 4,000 3 Chiller Plant Pressure Release Valve $ 4,000 4 Asbestos Removal Imm. Jail $ 2,500 5 Repair to Fire Alarm Boards Immokalee Jail $ 3,500 6 Replacement HVAC Control Boards C-1 $ 2,500 7 Golden Gate Comm Park Drain Field $ 6,600 8 Vanderbuilt Beach Lift Station Repair $ 2,800 9 Boiler Controls Immokalee Jail $ 2,000 10 Additional Fire S~/stem Improvements $ 5,000 11 Misc. HVAC and Electrical Supplies $ 8,000 12 Freon for Chiller $ 5,500 13 Replacement of Elevator Control Jail $ 850 14 Work on Jail Wall Replacement $ 725 15 Replacement of Air Handler Controls $ 800 16 Immokalee Court House Fencing $ 900 17 Lift Station Replacement at Veterans Park $ 2,808 18 Fleet Management AC replacement $ 4,000 Total $ 65,483 J 18 JJail(LCC2) Air conditioner package roof units j s 33,200J AC~/tOA .IT[H... JUL 2 8 1998 Pg., ¢ EXECUTIVE SUMMARY MODIFICATION OF LOCAL MITIGATION STRATEGY (LMS) AGREEMENT FOR CHANGE OF FIRST PERIOD DELIVERABLES TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) TO OCTOBER 31, 1998 OBJECTIVE: Board approval of a modification to the Local Mitigation Strategy Agreement that would emend the period of First Deliverables to DCA from June 30, 1998 to October 31, 1998; Board approval of LMS Agreements between the three municipalities and Collier County; and Board approval of Attachment B to the original Agreement for Federal Lobbying Prohibitions. CONSIDERATION: The Board of County Commissioners approved an Agreement for the development ora Local Mitigation Strategy on April 28, 1998. Upon execution of this a~reement, a similar agreement was prepared and sent to the three municipalities on May 5~ 1998. All agreements from the municipalities were not returned to the County until after the June 30, 1998 due date. In addition, Attachment B, Federal Lobbying Prohibitions, was not signed when the Agreement was approved on April 28, 1998. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT. None. RECOMMENDATION: That the Board of County Commissioners approve the attached Contract Modification to the Local Mitigation Strategy extending the I't contract deliverables from June 30, 1998 to October 31, 1998; approve and execute Agreements between the Cities of Everglades City, Marco Island and Naples; and approve Attachment B to the original Agreement which prohibits federal lobbying in conjunction with the Local Mitigation Strategy. PREPARED~~ Date: /,~~c. ~'r'~ ~h F. Pineau, Emergency Manage.meni Director REVIEWED Date: :~l ?i ~ Chief Dian'~ Flagg, Emergency Services~D~re~tor APPROVED BY: Leo 0chs, Jr., Su ,. Services Directo J u L 2 8 998 CONTRACTUAL SER'~qCES AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES, FLOI~[DA THIS CONTRACTUAL SERVICES AGREEMENT is entered into by and between Collier County (hereinafter referred to as the "County") and the City of Naples, Florida, a municipal corporation (herein~er referred to the "Contractor"). WITNESSETH: This Agreement is entered into based on the following facts: WH2EREAS, the County and the Contractor recognize the significant advantages inherent in developing a unified mitigation strategy; and WHEREAS, the United States Department of Energy (DOE) and the Federal Emergency Management Agency (FEMA) have authorized funding to support the development of a unified local mitigation strategy within each county in the State of Florida, including the pre-identification and prioritization of Hazard Mitigation Grant projects to become a part of the Statewide Hazard Mitigation Strategy. NOW THEREFORE, the County and the Contractor mutually agree as foLlows: 1. SCOPE OF WORK. The Contractor shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. 2. INCORPORATION OF LAWS, RULES, REGULATIONS AND .POLICIES. Both the Contractor and the County shall be governed by applicable State and Federal laws, rules and regulations. 3. PERIQD QF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end July 3 I, 1999 unless terminated earlier in accordance with the provisions of'paragraph 9 of tiffs Agreement. No deliverables shah be accepted after July 3 I, 1999 and no request for payment nor invoices shall be accepted after August 31, 1999. 4. MODIFICATION OF CONTRACT, Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original oftiffs Agreement. 5. RECORDKEEPING. a. All records .shall be sufficient to determine compliance with the requirements and objectives of' the Scope of Work - Attachment A - and all other applicable laws and regulations. b. The Contractor, its employees or agents, including all subcontractors or consultants to be paid fi.om funds provided unde:' this Agreement, shall allow access to its records at reasonable times to the County, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors. 6. REPORTS. a. The Contractor shall provide the County with the reports identified in Attachment A, in accordance w/th the dates specified therein. b. If all required reports and copies prescn'bed above are not sent to the County or are not completed in a manner acceptable to the County, the County may withhold I " AG,~ I'~) A IT£M J U L 2 8 further payments until they are completed, or may take such other action as s~t forth in paragraph 9. The County may terminate this Agreement if reports are not receivext within 30 days after written notice by the County. "Acceptable to the County" means that the work product has been completed in accordance with generally accepted principles and is consistent with the Scope of Work. 7. MONTTOR.rNO, The Contractor shall constantly monitor its performance under this Agreement to ensure that time schedules are met, the Scope of Work is being accomplished within the specified time periods, and other performance goals are being ackieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. 8. LIABILITY, a. Except as otherwise provided in subparagraph "b" below, the Contractor shall be solely responsible to parties with whom it deals in carrying out the terms of this Agreement. For purposes of this ,,Agreement, the Parties agree that Contractor is not an employee or agent of the County, but is an independent contractor. b. Any Contractor who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully respons~le for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of soverdgn immunity by either pasty. Nothing herein shall be construed as consent by either party to be sued by third parties in any manet arising out ofthis Agreement or otherwise. A~ lqO A ITEM No. JUL 2 8 1998 DEFAULT; REMEDIES; TERMINATION. a. lfthe nece.ssas'y funds are not available to fund th/s Agreement as a result ofactlon by the Florida Legislature, the Office of the Comptroller, FEMA, DOE, or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part ofthe County to make any further payment of funds hereunder shall terminate if the County so elects. The County may opt to, exercise any ofthe remedies set forth herein and the County may make any payments or parts of payments alter the happening of any Events of Default without thereby waiving any right to exercise such remedies, and without being or becoming liable to make any further payment. The "Events of Default" are: (i) If any warranty or representation made by the Contrac/or in connection with this Agreement shall at any time be false or misleading in any respect, or if the Contractor shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder. (2) If any reports required by this Agreement have not been submitted to the County or have been :;ubmitted with incorree,., incomplete or insufficient information. If the Contractor has failed to perform and complete in timely fashion any of the services required under the Scope of Work (Attachs'nent A). Upon the happening of an Event of Default, the County may, at its option, upon written notice to the Contractor and upon the Contractor's failure to timely cure the default within thirty (30) days of receipt of the notices: or if the default can not I ' AG,[ NOA ITEM No. 4 JUL 2 8 1998 pg. be cured within thirty (30) days and diligently pursue the cure thereafter, exercise any one or more of these remedies, either concurrently or consecutively, and the pursuit of'any one of these remedies shall not preclude the County from pursuing any other remedies contained herein or otherwise provided at law or in equity: (1) Terminate this Agreement, provided that the Contractor is given at least thirty (30) days prior written notice of' such termination. The notice shall be effective when received by the Contractor;, (2) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (3) W'~thhold or suspend payment ofall or any part ora payment; (4) Exercise any corrective or remedial actions, to include but not be lin,~ited tO: (a) requesting additional information from the Contractor to determine the reasons for, or the ex'tent of, non-compliance or lack of performance; (b) issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; (c) advising the Contractor to suspend, diSCOntinue or refrain from incurring costs for any activities in question; (d) or requiring the Contractor to reimburse the County for the amount ofcosts incurred for any items determined to be noncompliant; and AG£NOA IT[H NO. JUL 2 8 1998 (5) Exercise any other fights or remedies which may be otherwise available under law or in equity. c.. The Contractor shall return funds to the County if found in non-compliance with laws, rules or regulations gove~ng the use of the funds or this Agreement. d. This Agreement may be terrainated by the written mutual consent of the parties and such mutual consent shall not be unreasonably withheld. In the event of terr~nation, Contractor may be paid for a/l noncanceUable costs and obligations incurred in performance of this Agreement. e. Notwithstanding the above, the Contractor shall not be relieved of liability to the County by virtue ofany breach of Agreement by the Contractor. The County may withhold any payments to the Contractor for purpose ofs~-offunt[I such time as the exact amount due the County fi.om the Contractor is detertrdned. f. In the event the County is in default under this Agreement, other than payment of proceeds to Contractor, Contractor may exercise any fights it has in law or in equity if the County fa;Is to cure the default within thirty (30) days of receipt of the written notice of default or in the event the default can not be cured within thirty (30) days and diligently pursue the cure thereafter. In the event the County fails to timely make payments to the Contractor. Contractor upon five (5) days writ'ten notice to the County and County's failure to rnakc payment within said five (5) day period. 10. N__OTICE AND CONTACT~. Ail notices provided under or pursuant to the Agreement shall be in writing delivered to the representative identified below at the address set forth 6 JUL 2 8 1998 Thc name and address of the County contract administrator for this Agreement is: Kenneth F. Pine:,,u Collier County Emergency Management Department 3301 East Tamiami Trail Naples, FL 34112 The name and address of the Representative of the Contractor responsible for the admirfistrationofthisAgreementis: Sheldon Reedt N0ples Police and Emergency Services, 355 Goodlette - Frank Road N., Naples, FL 34102 11. d. In the event that different representative or addresses are designated by either party after execution ofthis Agreement, notice ofthe name, title and address of the new representative shall be promptly notified to the other party. OTHER PROVISIONS. a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Contractor in this Agreement, in any subsequent submission or response to the County's requests, or in any submission or response to fulfill the requirements of this Agreement, and such kd'on'nation, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the County and within thirty (30) days written notice to the Contractor, cause the termination of this Agreement and the release of the County from all of its obligations. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Collier_Count,/_ If' 7 I JUL 281998 I any provision hereof is in conflict with any applicable statute or rule, or otherwise unenforceable, then such provision shall be deemed null and void to the ex'tent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. No waiver by the County or Contractor of any right or remedy granted hereunder or failure to insist on strict performance by the County or Contractor shall affect or ex'tend or act as a waiver of the same or any other right or remedy of the County or Contractor for any further or subsequent default. Any power of approval or disapprov,! granted to the County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. The Agreement may be executed in any number ofcounterparts, any one of which may be taken as an original. The Contractor agrees to comply with the Americans With Disabilities Act 0:hablic Law 101-336, 42 U.S.C. Section 12101 et_!__.s_s_s_s_s_s~.), to the ex'tent applicable, which prohibits discfi~nation by public and private entities on the basis of disability. No person or affifiate who has been plae. x~ on the convicted vendor list following a conviction for a public entity crime shall submit a bid on a contract to provide any goods or services to a public entity, nor sub~t a bid on a contract with a public entity for the construction or repair ora public builc[ing or public work, nor submit bids on leases of'real property to a public entity, nor be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with ,, public entity; and may not transact business with any public entity in excess of 15. $18,000 /'or a period of'36 months fi.om the dale of having been placed on the convicted vendor list. Ifthe Contractor subcontracts any or all of the work required of'the Contractor under this Agreement, the Contractor shall include in the subcontract that ti) the subcontractor is bound by all applicable state and federal laws and regulations and the terms and conditions of this Agreement, and ('ti) the subcontractor shall hold the County and Contractor harm/ess, consistent with Paragraph 8 of this Agreement, against all claims of whatever nature arising out of the subcontractor's performance ofwork under this Agreement. Such provision shall be inserted into every subcontract down to every tier. 13. TERMS AND CONDITIONS. 14. The Agreement contains all the terms and conditions agreed upon by the parties. ATTA CR3.O!iNTS_. Al/attachments to this Agreement are incorporated herein as set out fully herein. In the event of any inconsistencies or conflict between the language of' this Agreement and the attachments hereto, the language of such attachments shall be controlling but limited to the extent of'such conflict or inconsistency. This Agreement has the £ollowlng attachments: Attachment A - Scope of Work Attachment B - Federal Lobbying ProN'bition Attachment C - FEO Standard Conditions Attachment D - Critical Facilities Listing ~I'NG/CONSDERATION. 9 1998 This is a fixed fee agreement. As consideration for performance of'work rendered under this Agreement, the County agrees to pay a fixed fee of $7,500. Payment will be made in accordance with the provisions of Attachment A - Scope of.Work. 16. STANDARD CONDITIONS. The Contractor agrees to be bound by the fo[lowing standard conditions: a. The State of Hofida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance with Chapter 216, b"lorida Statutes or the Florida Constitution. This Agreement is not renewable. Ail bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Travel expenses are included in the total compensation provided herein and shall not be separately compensated in any manner including credit or off-set. The County reserves the fight to unilaterally caneM this Agreement for refusal by the Contractor to allow public access to all docu~ paper, letters or other material subject to the provifions of Chapter 119, Florida Statutes and made or received by the Contractor in conjunction with this Agreement. The County will not intentionally award publicly-fund contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation ofthe employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A.(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section JUL 2 8 998 P~., // bo 17. 18. 274A(e) of the DA. Such violation by the Contractor of the emplo.ym~..nt provisions contained in Section 274A(e) of the INA shall be grounds for unilateral c.~cellation of this Agreement by the County. STATE LOBBYIN PROHIBITION. No funds or other resources received from the County in cormection with this Agreement may be used direcdy or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. COPYR/GHT, PATENT AND TRADEMA.RK~ a. If the Contractor brings to the performance o£thJs Agreement a pre-existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre- e~sting patent or copyright un/ess the Agreement provides otherwise. b. Lc any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agree~'nent, or in any way connected herewith, the Contractor shall refer the discovery or invention to the County for a deterrrdnation whether patent protection will be sought in the name of'the State of Florida. Any and ali patent rights accruing und~ or in connection with the performance ofthis Agreement are hereby reserved to the State of Florich. In the event that any copyrightable material is produced, the Contractor shall notify the County. Any and all copyrights accruing ur~ler or in connection with the performance under th,is Agreement are hereby reserved to the State of'Florida. Within thkty (30) days of execution of th~s Agreement, the Contractor shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. AG£t~OA ITE~ JUL 2 8 1~8 The Contractor shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no tach property exists. The State of Horida shall then, under Paragraph b, have the right to all patents and copyrights which occur during performance of the Agreement. The Contractor shall be granted a royalty-free nonexclusive license to use patented or copyrighted material for re.search or educational purposes. 19. LEV4AL AUTHORIZATION, The Contractor certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or othenvise, the execution and acceptance of' this Agreement with all covenants and assurances contained herein. The Contractor also certifies that the undersigned pos.w, sses the authority to legally execute and bind Contractor to the terms of thist Agreement. 12 AGE NOA ITEM NO. JUL 2 8 1998 Pgo ,/,._.~ IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. FOR THE CITY: CITY OF Naples m4 .nicip~l corP9.U~ Bill Barnett, Mayor FOR THE COUNTY: Board of County Commissioners By: Barbara B. Berry, Chairman Date: ATTEST: Tara A. Norn~ City Clerk Dwight E. Brock, Clerk By: ('Deputy Clerk) Approved as to Form and Legal Sufficiency Kenneth Cuylerf City Attorney Approved as to Form/..~nd }..egal Sufficiency Assistant County Attorney 13 AC..ENOA IT[H JUL 2 8 1998 ATTACID4ENT A SCOPE OF WORK LOCAL MITIGATION STRATEGY The Contractor shall assist in the development ora Local Mitigation Strategy ('LMS) using the Florida Department of'Community Affairs (DCA) publication "The Local Mitigation Strategy: A Guidebook for Florida Cities and Counties" hereinafter referred to as the "Guidebook", as well as other applicable guidance. The Contractor shall participate in tkis process in order to achieve a single, unified LMS for Collier County. PAYMENT AND DELIVERABLES SCHEDULE~ This is a fixed-fee contract. The County will pay compensation at the end of'each contract period, based on completion of' activities identified in the Scope of' Work, the submission of' all deliverables lis-ted below within the scheduled time frame and a determination by the County that the Contractor has satisfactorily completed the pertinent activities and deliverables. All payments will be made as soon as poss~le following receipt of State payments to the County. At the end of' the first contract period, the Contractor may be paid 2(Y'A of'the total contract, 2(Y'A at the end of. the second contract period, 40~A at the end of'the third contract period and the remaining 20~A of the total contract amount at the end of'the f.ourth and final contract period. Contractor shall deliver all deliverables in the format prescribed by the County. The final deliverable shall be an agreed upon Local Mitigation Strategy document submitted by the County. M! submissions to the County shall be addressed to: Collier County Emergency Management Department 3301 East Tamiami Trail Naples, FL 34112 14 .l' (~ontra~ Period - Deliverables due May 29, 1995 a. Identify the municipal contact person for this contract to include telephone and fax numbers. b. At least one of Contractor's municipal representatives shall actively participate in all County LMS Working Group meetings. c. Contractor's representative shall actively assis~ in the development of procedures to resolve conflict between other governmental entities that may arise from the development of'the Local Mitigation Strategy. d. Contractor's representative to the County Working Group shall actively assist in the development of evaluation criteria and procedures, to regularly review, update and revise the Local Mitigation Strategy. e. Contractor's representative to the County Working Group shall actively assist in the development of Community Guiding Principles. To include: 1. providing a listing of' municipal agencies and the mitigation functions they perform. Include a narrative description of' how these agencies help reduce .losses fi.om haTards. 2. providing a lis!ing of existing municipal policies and ordinances, and programs that affect mitigation. 3. providing an evaluation of' existing mitigation policies, ordinances and programs, describing their effectiveness at reducing losses of life and property. 15 AG£ NOA ITE. M JUL 2 19 8 pg. /(o II. .2a Contract Period - Deliverables Due by October I ,1998 a. As outlined in Section 4 of'the Guidebook and drawing from the evaluation of' existing mitigation policies, ordinances and programs completed in the previous contracting period, actively assist in the development of': 1. A single list of' mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address h~:,ard mitigation. 2. An analyses of' how existing policies, ordinances and programs could be strengthened to achieve the mitigation goals and objectives of the community. 3. A county-wide hazard identification and vulnerability assessment plan and, in particular, be respons~le for the identification of municipal data sources and the provision of ail municipal data and data regarding municipal facilities nexe~sary for performance of. the Ha:,a__rd Identification and Vulnerability Assessment. 4. The identification of private sector interests and private sector involvement. 5. Procedures to prioritize both municipal and county ~tigation initiatives. 3'a Contract Period - Deliverables due by April 1. 1999 a. Contractor's representative(s) to the County Working Group shall be responsible for gathering and supplying the County with the following information: 16 AG£ NOA IT~ INo. JUL 2 8 1998 ? bo Contractor's critical facilities inventory (see Attachment D). Li~ing of'other Contractor's public buildings and facilities. Repetitive jurisdiction. Hazardous (Section loss data for structures within the Contractor's material sites within the Contractor's jurisdiction 302 facilities required to report under the Federal Emergency Planning and Cormmunity Right-to-Know Act). 5. Historical flood data within the Contractor's jurisdiction. Contractor shall submit a list of' potential mitigation initiatives which: 1. reduce vulnerability, 2. study and identify cost-benefit mitigation activities, including engineering studies; 3. identify mitigation initiatives found in existing local government Capital Improvement Plans for future consideration; and 4. reconu'nend program and policy actions, and revisions to further promote effecfiYe hazard mifigalion. A Contractor's membe,- to the County Working Group shall actively assist in the identification 0fpotential funding sources. Contractor shall review and comment an all hazard identification and vulnerability assessment activities conducted by the County and on the list of potential mitigation initiatives. 17 i A G£NOA I TEI'~ JUL 2 8 1998 4' Contra_ct Per/gd - Deliverabl~es due_ by Jut~999 Contractor shall rev/ew and comment on the final Local Mitigation Strategy as a un/fled document to be subrn/tted to the loc. al governing body for formal adoption. 18 AGENOA No. JUL 2 8 1998 Pg., //~ Attachment B Federal Lobbing Prohibitions The City Certifies. by its signature to this Agreement, that to the best of his or her knowledge and belief: (e) No Federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an office 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 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment of modification of any Federal contract, grant, loan or cooperative agreement. (0 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. (g) The undersigned shall require that the language of this certification be included in theaward documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that alt sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FOR THE CITY: CITY OF Naples By: Bill Barnett, Mayor Date: By: Tara A. Norman, City Clerk Approved as to Form and Legal Sufficiency City Attorney 19 No. JUL 2 8 1998 A~chmcnl C FED Su. nd. trd Co~dit(o~ A. Co~c:or sh~,ll ~s~! thc Dcp. u~t~I in ~ply~g w~G · c ~¢ ofFcgcnl Rc~htionh ~ 10, P~ 420 ~d 450 ~d ~i~ ~u~ by~c U.S. ~e~t of E~cr~ ~d ~bsc~ucn~ ~id~c~ ~sucd by ~¢ U.S. ~cn~ of ~o, 37~ Sc~lcmc~ A~cc~c~t ~d ~y ~b~u~ot ordc~ oF B. ~ Coo~ci~ ~s ~ ~ply ~ ~udvc Ord~ ! 1246 of ~ptcm~ 24, 1~65 codU~ "~ ~p~co~ offer rc~l~tio~ (4) C~ P~ ~). ~ ~r~ C. ~c Coo~c~or sb~ll ~i~ ~¢ ~coC ~ is duty mu~o~ rtprcsc~udvc, lo monitor ~c proj~ su~n~cl~. D. ~c Co~c~or ~ifits ~l ~ci~ b or~tio~ nor o~c~i~ cxclud~ ~om or ~cllg~Ic For ~ci~fion ~ Fcdc~l A~cc pro~s ~dcr ~utivc Order 12~9, "~cnt ~d S~ioo." ~c ~o~ctor ~ly not m~c ~y su~o~c~ lo m dc~cd or s~ndcd p~. A c~cot l~i~ of such ~i~ b ~m~u~cd by ~c ~p~cnt For ~vi~ by Conveyor. E. IF~is A~ccmcnt or ~y rcsul~g su~on~ is for ~ comply w~ mil ~pplicibI¢ ~d~, order, ~ r~qu~cmcn~ issued ~dcr ~clioo 3~ oF~ C)~ i~ Ac~ (42 USC. 11)7~)), ~cdon S0~ of ~c CI~ W~lcr Ac~ ()) U.S.C. 1)6~), Exccudvc Order 1173~, ~d Eov~o~¢n~ ~olccfioo Agcn~ rcguhfions (40 CFR P~ JUL 2 8 1998 ,,.. Attachment D Critical Facilities Listing Provide name and address of all facilities that a~e within your municipality's jurisdiction from the list b¢low. Clinic Communication Facility Emergency Operation Center Electrical Emergency Medical Services Fire Station Hospital Landing Zone Nursing/Convalescent Police Department Potable Water Plant Red Cross Chapter House Refuge of Last Resort School SheriffDepartment Sewage Treatment Facility Transportation Facility Water Treatment Facility ITEM JUL 2 8 1998 CONTRACTUAL SERVICES AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF EVERGLADES, FLORIDA TI-lIS CONTRACTUAL SERVICES AGREEMENT is entered into by and between Collier County (hereinalq. er referred to as the "County") and the City of Everglades, Florida, a municipal corporation (hereinaPter referred to the "Contractor"). WITNESSETH: This Agreement is entered into based on the Following facts: WHEREAS, the County and the Contractor recognize the significant advantages inherent in developing a unified mitigation strategy; and WHEREAS, safeguarding the lives and property through pre-event mitigation activities is an innate responsibility of the governing body of each jurisdiction in the State of Florida; and WHEREAS, the United States Department of Energy (DOE) and the Federal Emer M'anagement Agency (FEIMA) have authorized funding to support the development of a unified local mitigation strategy within each county in the State of Florida, including the pre-identification and prioritization of Hazard Mitigation Grant projects to become a part of the Statewide Hazard Mitigation Strategy. NOW TH'EREFORE, the County and the Contractor mutually agree as follows: 1. SCOPE OF WORK. The Contractor shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement, to the satisfaction of the County. The determination of satisfactory performance shall be at the sole discretion of the County. NO. JUL 2 8 1998 2. INCORPORATION OF LAWS, RULES, R_EGULATIONS AND POLICIES. Both the Contractor and the County shall be governed by applicable State and Federal rules and regulations. 3. PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end July 31, 1999 unless terminated earlier in accordance with the provisions of' paragraph 9 of this Agreement. No deliverables shall be accepted after July 31, 1999 and no request for payment nor invoices shall be accepted after August 31, 1999. 4. MODIFICATION OF CONTRACT: REPAYMENTS. Either party may request modification of the provisions af this Agreement. Changes wi'rich are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the or4ginal of this Agreement. 5. RECORDKEEPING. a. All original records pertinent to this Agreement shall be retained by the Contractor for three years following the date of termination of this Agreement or the submission of the last deliverable, whichever is later, with the following exceptions: (1) If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings are resolved. (2) Records for the disposition of' non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 2 NAoG.£~OA ITE~ JUL 2 '7' _ (3) Records relating to real property acquisition shall be retained for three years after closing of title. b. All records shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment A - and all other applicable laws and regulations. c. The Contractor, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the County, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors. REPORTS. a. The Contractor shall pro,de the County with the reports identified in Attachmer A, in accordance with .the dates specified therein. b. If all required reports and copies prescribed above are not sent to the County or are not completed in a manner acceptable to the County, the County may withhold further payments until they are completed, or may take such other action as set forth in paragraph 9. The County may terminate this Agreement if reports are not received within 30 days after written notice by lhe County. "Acceptable to the County" means that the work product has been completed in accordance with generally accepted principles and is consistent with lhe Scope of Work. Upon notice, the Contractor shall provide such reasonable additional program updates or information as may be required by the County. Co 7. MONITORING. The Contractor shall constantly monitor its performance under this Agreement to ensure that time schedules are met, the Scope of Work is being accomplished within the specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. 8. LIABILITY. a. Except as otherwise provided in subparagraph "b" below, the Contractor shall be solely responsible to parties with whom it deals in carrying out the terms of this Agreement, and shall save the County harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, the Pm-lies agree that Contractor is not an employee or agent of'the County, but is an independent contractor. b. Any Contractor who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve a'; a waiver of sovereign immunity by either party. Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out of this Agreement or otherwise. DEFAULT; REMEDIES; TERMTNATION. a. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature, the Office of the Comptroller, FEMA, DOE, or the Office of Management and Budgeting, or if any of the following events occur 4 JUL 2 8 8 ("Events of Defauh"), ~.ll obligations on the part ofthe County to make any further payment of funds hereunder shall terminate if the County so elects. The Coun may opt to, exercise any ofthe remedies set for'th herein and the County may make any payments or pans of payments after the happening of any Events of Default ',Mthout thereby waiving any right to exercise such remedies, and without being or becoming liable to make any further payment. The "Events of Default" are: (I) If any warranty or representation made by the Contractor in connection with this Agreement shall at any time be false or rn/sleading in any respect, or if the Contractor shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder. (2) If any repons required by this Agreement have not been submitted to the County or have been submhted with incorTect, incomplete or insufficient information. (3) If the Contractor has failed to perform and complete in timely fashion any of the services required under lhe Scope of Work (Attachment A). Upon the happening of an Event of Default, the County may, at its option, upon ,.vrhten notice to the Contractor and upon the Conlractor's failure to timely cure, exercise any one or more of these remedies, either concurrently or consecutively, and the pursuit of any one of these remedies shall not preclude the County from pursuing any other remedies contained herein or otherwise provided at law or in equity: AG£NOA ITEM No, (2) (3) (4) Terminate this Agreement, provided that the Contractor is given at least thirty (30) days Prior written notice of such termination. The notice shall be effective when received by the Contractor, Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part ora payment; Exercise any corrective or remedial actions, to include but not be limited tO: (a) requesting additional information From the Contractor to determine the reasons For, or the exlent of, non-compliance or lack of performance; (b) issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; (c) advising the Contractor to suspend, discontinue or refrain from incurring costs for any activities in question; (d) or requiring th~ Contractor to reimburse the County for the amount of costs incur-red for any items determined to be noncompliant; and (5) Exercise any other rights or remedies which may be otherwise available under law or in equity. The County may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Causes shall include, but not be limited to. misuse of funds, fraud; lack of compliance v, Sth applicable rules, laws and 6 AG~ ~0 A ITE~ JUL 2 8 1998 10. regulations; failure to perform in a timely manner or rc~'usal by the Contractor to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida $'lalules, zs amended. d. The Contractor shall return funds to the County if' found in non-compliance with laws, rules or regulations governing the use of the funds or this Agreement. e. This Agreement may be terminated by the written mutual consent of the parties and such mutual consent shall not be unreasonably withheld. In the event of termination, Contractor may be paid for all noncancellable costs and obligations incurred in performance of this Agreement. f. Notwithstanding the above, the Contractor shall not be relieved of liability to the County by v~rtue of any breach of Agreement by the Contractor. The County may withhold any payments to the Contractor for purpose of set-off until such time as the exact amount due the Ceunty from the Contractor is determined. NOTICE AND CONTACT. a. All notices provided under or pursuant to the Agreement shall be in writing delivered to the representative identified below at the address set forth below. b. The name and address ofthe County contract administrator for this Agreement is: Kenneth F. Pineau Collier County Emergency Management Department 3301 East Tamiami Trail Naples, FL 34112 AGE NOA ITEM No._,, JUL 2 8 1998 The name and address of the Repr~:sentative of the Contractor responsible for the administration ofthis Agreement is: Hartha Daniel., Everg'lades Gove~-nment, 207 B~-oad~ay E., Everq].ade$ C~.ty, FL 34].39 11. d. In the event that different' representative or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative shall be promptly notified to the other party. OTHER. PROVISIONS. a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Contractor in this Agreement, in any subsequent submission or response to the County's requests, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of' accuracy thereof or any material changes shall, at the option of the County and within th].rty (30) days written' notice to the Contractor, cause the termination of this Agreement and the release of the County from all of its obligations. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Collier County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. AGE I~0 ~, IT['H JUL 2 8 1998 c. No waiver by the County of any fight or remedy granted hereunder or failure to insist on strict performance by the Contractor shall affect or extend or act waiver of the same or any other right or remedy of the County for any further or subsequent default by the Contractor. Any power of approval or disapproval granted to the County under the terms of this Agreement shall survive the terms and life ofthis Agreement as a whole. d. The Agreement may be executed in any number of'counterparts, any one ofwkich may be taken as an original. e. The Contractor agrees to comply with the Americans With Disabilities Act ('Public Law 101-336, 42 U.S.C. Section 12101 et seq,), to the extent applicable, which prohibits discrimination by public and private entities on the basis of disability. f. No person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime shall submit a bid on a contract to provide any goods or services to a public entity, nor submit a bid on a contract with a public entity for the construction or repair ora public building or public work, nor submit bids on leases of real property to a public entity, nor be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact business with any public entity in excess of $15,000 for a period of 36 months from the date of having been placed on the convicted vendor list. 12. SUBCONTRACTS. If the Contractor subcontracts any or all ofthe work required of the Contractor under this Agreement, the Contractor shall include in the subcontract that (i) the subcontra~ all applicable state and fede~ laws and regulations and the terms and conditions of this Agreement, and (ii) the subcontractor shall hold the County and Contractor harmless, consistent with Paragraph 8 of this Agreement, against all claims of whatever nature arising out of the Such provision shall be inserted into subc( ntractor s pcrforma~ce of work ur.~dcr this Agreement. every, subcontract down to every tier. 13. TERMS AND COND_I~IONS,. The Agreement contains all the terms and conditions agreed upon by the parties. 14. ATTACH'MENTS. a. All attachments to this Agreement are incorporated herein as set out fully herein. b. In the event of' any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the langua£~e of' such attachments shall be controlling, but limited to the extent of'such conflict or inconsistency. c. This Agreement has the following attachments: Attachment A - Scope of Work Attachment B - Federal Lobbying Prohibition Attachment C - FEe Standard Conditions Attachment D - Critical Facilities Listing 15. FUNDING/CONSIDERATION. This is a fbxed fee agreement. As consideration for perfon'nance of work rendered under this Agreement, the County agrees to pay a fixed fee of $7,500. Payment will be made in accordance with the prov~sions of Attachment A - Scope of Work. 16. STANDARD CONDITIONS. The Contractor agrees to be bound by the f'ollowing standard c. onditions: 10 AG£ ttOA ITEM No. JUL 2 8 1998 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance x~th Chapter 216, ]:lorid~ 3'talutes or the Florida Constitution. This Agreement is not renewable. All bills for fees or other compensation for services or expenses shaft be submitted in detail sufficient for a proper pre-audh and post-audit thereof. Travel expenses are included in the total compensation provided herein and shall not be separately compensated in any manner including credit or off-set. The County reserves the right to unilaterally cancel this Agreement for refusal by the Contractor to allow public access to all documents, paper, letters or other material subject to the provisions of Chapter 119, ?Yorida L~lalules and made or received by the Contractor in conjunction with this Agreement. The County will not intentionally award publicly-fund contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in g U.S.C. Section 1324A(e) [Section 274A(e) of' the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. I1 AGENOA ITEM No, J U L 2.'8 1998 17. STATE LOBBY[NO PROH'IBITION No funds or other resources rcceivecl from the County in connection with this A..~'cement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. COPYRIGHT, PATENT AND TRADEMARK. a. Ifthe Contractor brings to the performance of this Agreement a pre-existing patent or copyright, thc Contractor shall retain all rights and entitlements to tlxaz pre- existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Contractor shall refer the discovery or invention to the County for a determination whetbx~r patent protection will be sought in the name of the State of Flofidz. Any and all' patent fights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. [n the event that any copyrightable material is produced, the Contractor shall notify the County. Any and z[] copyrights accruing under or in connection with the performance under this A:...,,;rccment are hereby reserved to the State of'Florida. c. Within thirty (30) days of execution of this Agreement, the Contractor shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give risc to a patent or copyright. The Contractor shail retain all rights and entitlements to any pre-existing intellectuaJ property which is so disclosed. Yai]ure to disclose will indicate that no such property exists. The State of Florida sflal] then, under Paragraph b, have the I AG£~OA ITEM 12 right to all patents and copyrights which occur during performance of the Agreement. The Contractor shall be granted a royalty-free nonexclusive license use patented or copyrighted material for research or educational purposes. 19. LEGAL AUTHORIZATION. The Contractor certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Contractor also certifies that the undersigned possesses the authority to legally execute and bind Contractor to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. FOR THE CITY: CITY OF Everglades , a municipal corporation Sammy H~m[It;~ J~'., Mayor Date: / ~/.5~ / ~ 98 FOR THE COUNTY: Board of County Commissioners By: Barbara B. Berry, Chairman Date: lY~/~s, City Clerk Approved as to Form and Legal Sufficiency J. Christopher Lombardo City Attorney 13 DW1GHT E. BROCK, CLERK By: ('Deputy Clerk) Approved as to Form and Legal Sufficiency Thomas C. Palmer Assistant County Attorney JUL 2 mB / ATTACHMENT A SCOPE OF WOI:U( LOCAL N'fITIGATION STP~TEGY PURPOSE The Contractor shall assist in the development ora Local Mitigation Strategy CL, MS) using the Florida Department of CornmunJty ,M'Tairs (DCA) publication "The Local Mitigation Strategy: A Guidebook for Florida Cities and Counties" hereinafter referred to as the "Guidebook", as well as other applicable guidance. The Contractor shall participate in this process in order to achieve a single, unified LMS for Collier County. PAYMENT AND DELIVERABLES SCHEDULE. ~ This is a fixed-fee contract. The County will pay compensation at the end ofeach contract period, based on completion of activities identified in the Scope of Work, the submission of all deliverables listed below within the scheduled time frame and a determination by the County that the Contractor has satisfactorily completed the pertinent activities and deliverables. ,MI payments will be made as soon as possible following receipt of State payments to the County. At the end of the first contract period, the Contractor may be paid 20% of the total contract, 20% at the end of' the second contract period, 40% at the end of the third contract period and the remaining 20*/0 of the total contract amount at the end of the fourth and final contract period. Contractor sh,'dl deliver all deliverables in the format prescribed by the County. The final deliverable shall be an agreed upon Local Mitigation Strategy document submitted by the County. All submissions to the County shall be addressed to: Collier County Emergency Management Department 3301 East Tamiami Trail Naples, FL 34112 14 AG~i~A ITEM No. JUL 2 8 1998 ,,... l' Contract Period - Deliverables due May 29, 199g a. Identify the municipal contact person for this contract to include tole and fax numbers, At le_.ast one of Contractor's municipal representatives shall actively participate in all County LMS Working Group meetings. Contractor's representative shall actively assist in the devdopment of procedures to resolve conflict between other governmental entities that may arise from the development of the Local Mitigation Strategy. Contractor's representative to. the County Working Group shall actively assist in the development of evaluation criteria and procedures, to regul~ly review, update and revise the Local Mitigation Strategy. Contractor's representative to the County Working Group shall actively assist in the development of Community Guiding Principles. To include: 1. providing a listing of municipal agencies and the mitigation functions they perform. Include a narrative description of' how these agencies help reduce losses from hazards. 2. providing a listing of existing murticipal policies and ordinances, and progi-ams that affect mitigation. 3. providing an evaluation of existing mitigation policies, ordinances and programs, describing their effective at reducing losses of life and property. 15 AGENOA ITE~ No. JUL 2 8 II. 2~ Contract Period - Deliverables Due by October 1, 1998 a. As outlined in Section 4 of'the Guidebook and drawing from the evaluation of existing mitigation policies, ordinances and programs completed in the previous contracting period, actively assist in the development of: I. A single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address hazard mitigation. 2. An analyses of how existing policies, ordinances and programs could be strengthened to achieve the mitigation goals and objectives of'the community. 3. A county-wide hazard identification and vulnerability assessment plan and, in particular, be responsible for the identification of' municipal data sources and the provision of all municipal data and data regarding municipal facilities necessary for performance of the Hazard Identification and Vulnerability Assessment. 4. The identification of private sector interests and private sector i. nvolvement. 5. Procedures to prioritize both municipal and county mitigation initiatives. 3~ Contract Period - Deliverables due by April I, 1999 Contractor's representative(s) to the County Working Group shall be responsible for gathering and supplying the County with the following information: 16 AGE t~OA ITEM No. JUL 2 98 Contractor's critical facilities inventory (see Attachment D). Listing of other Contractor's public buildings and facilities. Repetitive loss data for structures jurisdiction. Hazardous material sites within the within the Contractor's Contractor's (Section 302 facilities required to report under the Emergency Planning and Community Right-to-Know Act). 5. Historical flood data within the Contractor's jurisdiction. Contractor shal'l submit a list of'potential mitigation initiatives which: ]. reduce vulnerability; 2. study and identify cost-benefit mitigation actMties, including engineering studies; 3. identify mitigation initiatives found in existing local government Capital Improvement Plans for future consideration; and 4. recommend program and policy actions, and revisions to further promote effective hazard mitigation. A Contractor's member to the County Working Group shall actively assist in the identification o£potential funding sources. Contractor shall review and comment an all hazard identification and vulnerability assessment activities conducted by the County and on the list of potential mitigation initiatives. jurisdiction Federal 17 JUL 28 IKq8 I IV. 4~' Contract Period - Deliverables due by July 31. 1999 Contractor shall review and comment on the final Local Mitigalion Strategy as a urfifiecl document to be submitted to the loc. al governing body for formal adoption. i A C~£NOA IT£~ j JUL/2~ 1998 F¢4¢~ Lobbyb~ P'rob~itkxu bdicf: (c) (0 lqo Fc4¢raJ ,ppropdatc4 fund Mv¢ b¢¢~ paid or w~ ~ ~ ~ ~ o~ ~halfof~c ~d~i~ ~: ~on for bfluc~cbg ~ ~nemp~g ~ bflucn~ ~ o~ ~ ~p~y~ of~y ~gc~, ~ M~of ConDm, ~ o~r or cmpioy~ of~n~, or ~ ~p1o~ ora ~r ofCooDc~ b wi~ ~c ~wudbg of~y F~c~ ~ ~e m~gof~y F~¢ m~bg of~y F~I~ cntc~g bto of~y ~ntivc n~mcn~ ~d ~c c~ns[~ ~on, ~ncwd. ~cal ~ Ir a~¥ ~un~s od~r ~a Fc~ral ~pproprialcd rums have boca paid or wiJJ bc paid ~o a~y ixrson for innucncbI or atlcmpting to influence an o$¢zr or ¢aployc~ or-ny lgcacy, · Member of Conjp'~ss, ~ o~ccr o~ cmplo¥c~ ot' ConUcs.s, or aa cmploy~ of ~ Mcmbcr of CooD'c:s.s in connc~tioa ~ this Fo contract, D-znL Iaaa or cooperative aDrccmcnk thc uMcrsiD~d s~zLl complete znd submit Stza~bzd Ft LLL, 'Dbclosuz¢ Form ~ Report Lobbying,' in acco~cbncc wi~ its bstrucfions. T'n¢ undcrsiD~cd shah rcqukc chat thc l~guagc o£this ccnifir, zdoa b¢ included in U~c ~w~rd documco all sub-aw~ds ~t ali tiers (includb§ subcontracts, sub-D'zn~ ~nd con~z~cts under D-~Dts, loz~s, ~nd coopcativ¢ aD'¢¢mcnU) md thaz ~I1 sub-recipients s~lll ccrrZf7 ~d ~:los¢ ~ccordb§iy. ThLs r. zrti~c4tion b a matcn'al representation of fac~ upon ~ rclJ~ncc was phccd wbca this trtnsac w~s made or cnlcre~ into. Submission of this c4:r~ific41ion is a prer~ub~ for m~king or entcrbg bio this tr~saction imposed by Section 1352, Title 3 I, U.S. Code. A~:y p<:rso~ who f~Ds to file ~.b¢ r~u~d ccrtir~zic shall b¢ subjec! ~o a civil penalty ofaot less ~ $ i0,000 ~cI oc~ mor~ ~ :$100,000 for ¢~cb such fiilu~c. CoB LFa cl ot' and Tkl¢ AGENOA ITEM JUL 2~8,1998 Pg,, AtUchmcn~ C FEO Suzd,ud Go:dido,,, · c ~c ofFcdc~l Rc~h~ion~ ~ 10, P~ 420 ~d 4S0 ~d ~i~ ~u~ by~¢ U.S. ~colofEocr~ ~d mbscqucnt ~ig~c¢ bsucd by ~c U.S. ~cnz of ~c~; ~c F~c~ ~sis~ Rul~ des~ ~ TiHc 10, P~ ~, u wcU u ~osc rc~l~o~ ~ ~ccmc~u conccm~g Gc ~ ofoil ovc~u~c r~v~ ~o. 3~ Scnlcmcoc A~ccmcot ~d ~y ~b~uco~ ordc~ of~c ~ or ~i~ or d~vcs 6om ~c Fcdc~ ~c~ o[E~. B. ~c Co~dor ~s ~ ~mply wi~ ~u~vc Ord~ 11246 of~p~cm~ ~4, 196S c~dd~ "~ ~plo~¢ot ~~," ~ ~cmd~ by ~v¢ ~d~ 11375 of~ 13, 1967 ~d ~ ~pplcm¢~ ~ sbal~ on ~c ~ offs, ~I~, nlflooal orig., sex, ~ge, or b~p, ~ ¢xcludM ~om ~cipafiou ~, ~ dcoi~ ~¢ Nncfiu of, or ~ o~ ~tj<~ ~ di<~ffou ~dcr ~y pro~ or ~cfi~ ~ which ~c C. ~e Co~mctor shall ~[t ~c ~ea~ m is duly au~o~ repre~aufive, to monitor ~e prQ~ ~m~g ~o ~ A~ecmcnt ~ decm~ n~ by ~c ~p~e~t ~e R~ip[cnl w~l monitor iB su~n~cIom. D. ~c Coamctor ~aifics ~at ac[~ ~ org~tioa nor ~y mcm~r of~c tarfa dcbm~ or sus~ndcd or ~ oac~i~ txcludM ~om or ~clig~k for ~ci~fion b Ftdcral A~cc pro~s ~der Ex~utive Order 12549,"~b~cnt~d Sus~ioa.' ~c ~a~ctor may not m~e ~y sure.cz to s de,cd or s~ndcd p~. A c~ca~ list~g of such ~i~ b mahu~cd by ~e ~p~cnt For ~vi~'~ by Conmc~o~. E. Ifais ADccmcnt or ~y rcsul~g sukoam~ is ~or ~ mo~Z ~ cxcc~ of$1~,~, ~c Recipient mus~ comply wi~ ill applicable st~d~, order, or r~qukcm,n~ issued ~dcr ~cHo~ 30~ of~e CIc~ Ak Act (42 U.S.C. t~57¢)), ~ction S08 of ac CIm Wirer/ct(Il U.S.C. 136~), Execu~vc Order ! 173~, ~d Eovko~cn~ ~ol~c~io, Aicn~ rcguh~ions (10 CFR Pm I 5). 2O NO,._ __ JUL 2 / Attachment D Critical Facilities Listing Provide name and address of all Facilities that are within your municipality's jurisdiction from the list below. Clinic Communication Facility Emergency Operation Center Electrical ~ Emergency Medical Services Fire Station Hospital Landing Zone Nursing/Convalescent Police Department Potable Water Plant Red Cross Chapter House Refuge of La.st Resort School Sheriff Department Sewage Treatment Facility Transportation Facility Water Treatment Facility 21 AGENOA IT£M CONTRACTUAL SERVICES AGREEMENT BETWEEN COLLIER COLrNTY AND THE CITY OF MARCO ISLAND, FLORIDA TillS CONTRACTUAL SERVICES AGREEMENT is entered into by and between Collier County (hereinafter referred to as the "County") and the City of Marco Island, Florida, a municipal corporation (hereinafter referred to the "City"). WITNESSETH: This Agreement is entered into based on the following facts: WHEREAS, the County and the City recognize the significant advantages inherent in developing a unified mitigation strategy; and WHEREAS, the United States Department of Energy (DOE) and the Federal Emergency Management Agency (FEMA) have authorized funding to support the development of a unified local mitigation strategy within each county in the State of Florida, including the pre-identification and prioritization of Hazard Mitigation Grant projects to become a part of the Statewide Hazard Mitigation Strategy. NOW THEREFORE, the County and the City mutually agree as follows: 1. SCOPE OF WORK. The City shall fully perform the obligations in accordance with the Scope of Work, Attachment A oft}tis Agreement. 2. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the City and the County shall be governed by applicable State and Federal laws, rules and regulations. 3. PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end July 31, IC~ unless terminated earlier in accordance with the provisions of'paragraph 9 of'this Agreement. No deliverables shall be accepted after July 31, 1999 and no request for payment nor invoices shall be accepted after August 31, 1999. 4. MODIFICATION OF CONTRACT. Changes which are mutually agreed upon shall be valid only when reduced to writing, duty and attached to the original of this Agreement. signed by each of the parties hereto, 5. RECORDKEEPING to 5:00 p.m., _REPORTS. All records shall be sufficient to determine compliance with the requirements and objectives of' the Scope of' Work - Attachment A - and all other applicable laws and regulations. The City, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the County. "Reasonable" shall be construed ac~rding to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. local time, On Monday through Friday. The City shall provide the County with the reports identified in Attachment A, in accordance with the dates specified therein. If' all required reports and copies are not completed appropriately, the County Will notify the City. The City will comply as expeditiously as possible. ANo~.E NO A JUL 2 8 1§ 8 "Appropriately" means that the work product has been completed in accordanc, c with generally accepted principles and is consistent ,.,,4th the Scope of Work. 7. MONITORINQ. The City shall constantly monitor its performance under this Agreement to ensure that time schedules are met, the Scope of Work is being accomplished within the specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. 8. LIABII.ITY. a. Except as otherwise provided in subparagraph "b" below, the City shall be solely responsible to parties with whom it deals in ca.wy'ing out the terms of this Agreement. For purposes of this Agreement, the Parties agree that City is not an employee or agent of thq' County, but is an independent City. b. Any Contractor who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately mused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by either party. Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out ofthis Agreement or otherwise. DEFAULT; REMEDFES; TERM-I-NATION. a. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislattlre, the Office of the Comptroller, FEMA, DOE, or the Office of Management and Budgeting, or if any of' the following events occur AGENOA I T ~. 1'"[ NO._~ --~ JUL 1998 bo ("Events of Def'ault"), all obligations on the part of'the County to make any further payment of funds hereunder shall terminate if the County so elects. The County'~l~~ may opt to, exercise any of'the remedies set for'th herein and the County may make any payments or par~s of payments a~er the happening of any Events of Default without thereby waiving any right to exercise such remedies, and without being or becoming liable to make any further payment. The "Events of Default" are: (1) If'the City make~'a representation in connection with this Agreement that is false or misleading, or if the City shall fail to perform as provided in tNs Agreement and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder. (2) If any reports required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete or insufficient information. (3) If the City fails to perform and complete any of'the services required under the Scope of Work (Attachment A) in a timely fashion. Upon the happening of an Event of Default, the County may, at its option, upon written notice to the City ~'~d upon the City's failure to timely cure the default within thirty (30) days of' receipt of' the notices: or if the default can not be cured within thirty (30) days and diligently pursue the cure thereafter, exercise any one or more of'these remedies, either concurrently or consecutively, and the pursuit of any one of these remedies shall not preclude the County from pursuing any other remedies contained herein or otherwise provided at law or in equity: (2) (3) (4) Terminate this Agreement, provided that the City is given at least thirty (30) days prior written notice of such termination. The notice .shall be effective when/eceived by the City; Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part o£a payment; May: (a) requesting additional information from the City to determine the reasons for, or the extent of, non-compliance or lack of performance; (b) advise the City of concerns and request compliance, including refraining from expending funs or incurring costs.; (c) asking the City for re-imbursement of disallowed costs; (5) Exercise any other rights or remedies which may be otherwise available under law or in equity. The City shall return funds to the County if found in non-compliance with laws, rules or regulations governing the use of'the funds or this Agreement. This Agreement may be terminated by the written mutual consent of the parties and such mutual consent shall not be unreasonably withheld. In the event of termination, City may be paid for all noncancellable costs and obligations incurred in performance of this Agreement. Notwithstanding the above, the City shall not be relieved of' liability to the County by virtue of any breach of Agreement by the City. The County may withhold any I0. payments to the City for purpose ofset-offuntiI such time as the exact amount due the County f'rom the City is determined. f. In the event the County is in default under this Agreement, other than payment of' proceeds to City, City may exercise any rights it has in law or in equity if the County fails to cure the dehult within thirty (30) days of receipt of the written notice of default or in the event the default can not be cured with/n thirty (30) days and diligently pursue the cure thereafter. In the event the County fails to timely make payments to' the City. City upon five (5) days written notice to the County and County's failure to make payment within said five (5) day period. NOTICE AND CONTACT. a. All notices provided under or pursuant to the Agreement shall be in v, xiting delivered to the representative identified below at the address set forth below. b. The name and address of the County contract administrator for this Agreement is: Kenneth F. Pineau Collier County Emergency Management Department 3301 East Tamiarni Trail Naples, FL 34112 The name and address of the Representative of the City responsible for the administration of this Agreement is: Charles McCool, Marco Island Government 950 North Collier Blvd., Marco Island, FL 34145 In the event that different representative or addresses are designated by either party after execution of this Agreement, notice ofthe name, title and address of the new representative shall be promptly notified to the other party. 6 j iUL 2 8 1898 11. OTHER PROVISIONS. a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the City in this Agreement, in any subsequent submission or response to the County's requests, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the County and within thirty (30) days written notice to the City, cause the termination of this Agreement and the release of the County from all of its obligations. b. This Agreement shall be construed under the laws of' the State of Florida, and venue for any actions arising out of this Agreement shall lie in Collier County. I£ any provision hereof is in conflict with any applicable statute or rule, or is othem'ise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. c. No waiver by the County or City of any right or remedy granted hereunder or failure to insist on strict performance by the County or City shall affect or ex'tend or act as a waiver of the same or any other right or remedy ofthe County or City for any farther or subsequent default. Any power of approval or disapproval granted to the County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. AGENOA ITEM NO. JUL 2 8 1998 d. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The City agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq,), to the extent applicable, which prohibits discrimination by public and private entities on the basis of disability. f. No person or affiliate who has been placed on the convicted vendor list following a conviction for a public,entity crime shall submit a bid on a contract to provide any goods or services to a public entity, nor submit a bid on a contract with a public entity for the construction or repair ora public building or public work, nor submit bids on leases of real property to a public entity, nor be awarded or perform work as a City, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact business with any public entity in excess of 215,000 for a period of 36 months from the date of having been placed on the convicted vendor list. 12. SLFBCONTRACTS. If' the City subcontracts any or all of the work required of the City under this Agreement, the City shall include in the subcontract that (i) the subcontractor is bound by all applicable slate and federal laws and regulations and the terms and conditions of this Agreement, and (ii) the subcontractor shall hold the County and City harmless, consistent with Paragraph 8 of this Agreement, against all claims of whatever nature arising out of lhe subcontractor's performance of work under this Agreement. Such provision shall be inserted into every subcontract down to every tier. U L 2 8 1998 13. TERMS AND CONDITIONS. 14. The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS. a All attachments to this Agreement are incorporated herein as set out fully herein. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of' such attachments shall be controlling, but limited to the extent ofsuch conflict or inconsistency. c. This Agreement has the following attachments: Attachment A - Scope of Work Attachment B - Federal Lobbying Prohibition Attachment C - FEO Standard Conditions Attachment D - Critical Facilities Listing -HJND FNG/CONS IDERATION4. This is a fixed fee agreement. As consideration for performance of' work rendered under 15. this Agreement, the County agrees to pay a fixed fee of $7,500. accordance with the provisions of'Attachment A - Scope of Work. 16. .STANDARD CONDITIONS. The City agrees to be bound by the following standard conditions: Payment will be made in The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance with Chapter 216, FloridaSlatutes or the Florida Constitution. b. This Agreement is not renewable. ¢. All bills for fees or other compensation for services or expenses shall be suSr in detail suf~cicnt fur a proper pre-audit and post-nudit thereoE d. Travel expcnscs are included in tl~e total compensation provided hercin ~nd shall not be separately compensated in any manner including credit or o~-sct. e. The City ~ccs it ~ll. allow public access to all documents, paper, lc[tcrs or other m~teri~] subject to [he provisions o~ Cha~ter l 19, ~/oz'i~/~i ~l~f~?~,.v and mode or received by ~he City in conjunction wi~h lhis Agreement. F~ilurc Io do so may resuh in cancellation o[lhis a~rccment bythe counly. The County will ]lot intentionally award publicly-fund contracts to any City who knowingly employs unauthorized alien workers, consthuting a violation off the employment provisions conta[ncd in g U.S.C. Section I324A(c) [Section 274A(~ of thc immigration and ~ationa[ity Act ("INA")]. Thc County sh~ll consider tb emp[uyment by any City ufun~uthorizcd aliens a violation of Section 274A(~) of th~ ~A. Such violation by the City oF thc employment provisions conlaincd in Section 274A(c) of tl~ ~A shall be grounds for unilateral czncellation oF this Agr~ument by thc County. STATE LOBD~G PROHIBITION: No Funds or other rcsourccs received from the Counly in com~ccllon with this Agreeme~tt may bc used directly ur indirectly to influence legislation or any oth~r o~cia] actio~ by thc Florida [.eglslature or ~ny state agent. IB. COPYRIGtfr', PATENT AND TRADEMARK. a. If the City brings to th'e performance of this Agreement a pre-existing patent or copyright, Ihe City shall retain all fights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way con. nec'ted herewith., the City shall refer the discovery or invention to the Coumy for a determination whether patent protection will be sought in lhe name of the State of' Florida. Any and all patent rights accruing under or in connection with the performance of'this Agreement are hereby reserved to the State of Florida. In the event that any copyrighta, ble material is produced, the City shall notify the County. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. Within thirty (30) days of execution of this Agreement, the City shall disclose all intellectual properties relevant to the performance o£this Agreement'which he or she knows or should know could give rise to a patent or copyright. The City shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exits. The State of Florida shall then, under Paragraph b, have the fight to all patents and copyrights which occur during performance of the Agreement. The City shall be granted 'a royalty free non exclusive license to use patented or copyrighted material for research or educational purposes. I1 A(~£NOA I'I' £ M 'No. 3 U Pg. 19. LEGAL AUTHORIZATION. The City certifies with respect to this Agreement that it possesses the legal authority receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement v,4th all covenants and assurances contained herein. The City also certifies that the undersigned possesses the authority to legally execute and bind City to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. FOR THE CITY: CiTY OF _Marco Island , a municipal corporation Harry Cowin, Chairman Date: FOR THE COUNTY: Board of County Commissioners By: Barbara B. Berry, Chairman Date: ATTEST: By: ' . A. William Moss City Manager/City Clerk Dwight E. Brock, Clerk By: ('Deputy Clerk) Approved as to Form and Legal Sufficiency City Attorney Approved as to For]v~nd~Legal Sufficiency Thomas C. Palmer Assistant County Attorney 12 JUL 1 q98' / ATTACItMENT A SCOPE OF WORK LOCAL MITIGATION STRATEGY PURPOSE. The City shall assist in the development of a Local Mitigation Strategy (LMS) using the Florida Department of Community AtTai,'s (DCA) publication "The Local Mitigation Strategy: A Guidebook for Florida Cities and Counties" hereinafter referred to as the "Guidebook", as well as other applicable guidance. The City shall participate in this process in order to achieve a single, unified LMS for Collier County. PAYMENT AND DELIVERABLES SCHEDLFLE. This is a fixed-fee contract. The'County will pay compensation at the end of each contract period, based on completion of activities identified in the Scope of Work, the subrrfission of all deliverables listed below within the scheduled time frame and a determination by the County that the City has satisfactorily completed the pertinent activities and deliverables. All payments will be made as soon as possible following receipt of State payments to the County. At the end of the first contract period, the City may be paid 20% ofthe total contract, 20% at the end ofthe second contract period, 40% at the end or' the third contract period and the remaining 20% of the total contract amount at the end ofthe fourth and final contract period. City shall deliver all deliverables in the format prescribed by the County. The final deliverable shall be an agreed upon Local Mitigation Strategy document submitted by the County. All submissions to the County shall be ad~tressed to: Collier County Emergency Management Department 3301 East Tamiami Trail Naples, FL 34112 13 AGE ~OA IT£~4 2 8 I" Contract Period - Deliverables due May 29, 199g a. Identify the municipal contact person for this contract to include teleI and fax numbers. b. At least one of City's municipal representatives shall actively participate in all County LMS.Working Group meetings. c. City's representative shall actively assist in the development of procedures to resolve conflict between other governmental entities that may arise fi.om the development of'the Local Mitigation Strategy. City's representative to the County Working Group shall actively assist in the development of'evaluation criteria and procedures, to regularly review, update and revise the Local Mitigation Strategy. City's representative to the County Working Group shall actively assist in the development oFCommunity Guiding Principles. To include: I. providing a listing of municipal agencies and the mitigation functions ,ihey perform. Include a narrative descr{ption of' how these agencies help reduce losses from hazards. 2. providing a listing of' existing municipal policies and ordinances, and programs that affect mitigation. 3. providing an evaluation of' existing mitigation policies, ordinances and programs, describing their effectiveness at reducing losses of life and property. 14 AGE NOA ITeM JUL 2 8 1998 II. 2~ Contract Period - Deliverable's Due by October I III. , 1998 a. As outlined in Section 4 ofthe Guidebook and drawing from the evaluation of existing mitigation policies, ordinances and programs completed in the previous contracting period, actively assist in the development of': 1. A single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address ha:,'ard mitigation. 2. An analyses of how existing policies, ordinances and programs could be strengthened to achieve the mitigation goals and objectives of the community. 3. A county.w'ide hazard identification and v~Inerability assessment plan and, in particular, be responsible for the identification of municipal data sources and the provision of all municipal data and data regarding municipal facilities necessary for performance of the Hazard Identification and Vulnerability Assessment. 4. The identification of private sector interests and private sector involvement. 5. Procedures to p,'ioritize both municipal and county mitigation lnmatwes. 3"~ Contract Period - Delive'rables due by April I, 1997 a. City's representative(s) to the County Working Group shall be responsible for gathering and supplying the Count)' with the following information: 15 JUL Pg..~.Y~ City's critical facilities inventory (see Attachment D). Listing of other City's public buildings and facilities. Repetitive loss data for structures within the City's jurisdiction. Hazardous material sites within the City's jurisdiction (Section 302 facilities ~'equired to report under the Federal Emergency Planning and Community Right-to-Know Act). 5. Historical flood data within the City's jurisdiction. City shall submit a list of potential mitigation initiatives which: 1. reduce vulnerability; 2. study and identify cost-benefit mitigation activities, including engineering studies; 3. identify mitigation initiatives found in existing local government Capital Improvement Plans for future consideration; and 4. recommend program and policy actions, and revisions to further promote effective hazard mitigation. A City's member to the County Working Group shall actively assist in the identification ofpo!,.-ntial funding sources. City shall review and comment an all hazard identification and vulnerability assessment activities conducted by the County and on the list of potential mitigation initiatives. 16 IV. Contract Pcdod - Deliverables due by July 3 I, 1999 City shall review and comment on the final Loc. al Mitigation Strategy as a unified document to be submitted to the local governing body for formal adoption. 17 l -- AGF..NOA ITE~-~' JUL 2 8 19~8 pg._ ~d Attachment B Federal Lobbing Prohibitions (e) The City Certifies, by its signature to this Agreement, that to the best of his or her knowledge and Ix:fleE No Federal appropriated funds have been paid or will be paid, by or on behalf'of'the undersigned, arty person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee ora Member of Congress in connection with the awarding ofany Federal con,tract, the making ofany Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment of modification ofany Federal contract, grant, loan or cooperative agreement. (0 If'any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an off~cer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connect/on w/th this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance w/th its instructions. (g) The undersigned shall require that the language of this certification be included in the sward documents For all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loan..% and cooperative agreements) and that all sub-recipients shall certify an:! disclose accordingly. This certification is a material representation of fact upon which reliance was placed when th. is was made or entered into. Submission of this certification is a prerequisite for making or entering into transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less that. $I0,000 and not more than $100,0OO for each such failure. FOR THE CITY: CITY OF Marco Island a municipal corporation By: ./?, ~..--r_ ~ ~ ... (_~ ..... ' Harry Co m, Chairman a,e:v /0, ATTEST;, y~.~~FOO A. William Moss, City Manager/City Clerk Approved as to Form and Legal Sufficiency Kenneth Cfi}q~r City Attorney 19 ~ S~cb,~d Coodidoo. s ~cot o~ Eons. dco~ ~c ~ncfiU oC or ~ o~c~ ~bj~ ~ d~floa ~dcr ~y ~cot ~c[v~ f~ us~ 5~ ~ ~cot of ~c~. D. ~e Co~ctor ~ifics ~i[ oc[~ ~ orl~ioo nor ~y mcm~r of~e mffb ~ ~ ~s~ndcd or b o~c~i~ exclud~ ~om or ~elig~le ~or ~ci~Hon ~ ~edcral A~b~ce ~o~s ~der ~uzive Order 12~9, "~ent ~d Sus~nsi~" ~c ~o~c[~ may not m~e p~. A c~c~( Ih~b[ o~such ~i~ b mabub~ by ~e ~p~ent For mv[~ by Con~c~ ' E. lF~is A~ccmcnt or ~y rcsul~ su~oa~ b rot ~ ~o~z b exce~ o~$1~,~, ~e ~iplenz must comp~ wi~ aH ~ppli~b~¢ st~du~, or~, ~ requSemcn~ issued ~cr ~cti~ 3~ o~e ~ Ab Ac~ (42 U.SC. 1157~)), Section 50~ of~e CI~ Water Ac~(33 U.S.C. ~otcczioo A[cn~ rc~uhHons (40 C~ P~ ~ JUl. 2 8 Attachment D Critical Facilities Listing Provide name and address of all fac'ilities that are within your municipality's jurisdiction from the list below. Clinic Communication Facility Emergency Operation Center Electrical Emergency Medical Services Fire Station Hospital Landing Zone Nursing/Convalescent Police Department Potable Water Plant Red Cross Chapter House ReFuge of Last Resort School Sheriff Department Sewage Treatment Facility Transportation Facility Water Treatment Facility Attachment B Federal Lobbing Prohibitions The County Certifies, by its signature to this Agreement, that to the best ofhis or her knowledee and belief: ~ (e) No Federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, any person for influencing or attempting to influence an office or employee of any agency, a M'ember of Congress, an office or employee of Congress, or an employee ora Member of Congress in connection with the awarding of any Federal contract, the making ofany Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment of modification of any Federal contract, grant, loan or cooperative agreement. (0 (g) If any funds other than Federal appropriated funds have been paid or w/Il be paid to any person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifi,"ation is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $I0,000 and not more than $I00,000 for each such failure. FOR THE COUNTY: Board of County Commissioners By: Barbara B. Berry, Chairman Date: ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Sufficiency Thomas ~2. Palmer Assistant County Auorney 19 A G ~. I'fO A ITEM NO.~~ JUL 2 8 t9.9o AGREEMENT # 98-LM-4H-0921-01-011 MODIFICATION #1 TO CONTRAC~ SERVICES AGREEMENT WHEREAS, Collier County (hereinafter "the Contractor") and the Department of Community Affairs (hereinafter "the Department") have entered into a Contractual Services Agreement (hereinafter "Agreement") for, the purpose of preparation and development of Local Mitigation Strategies and pre-identification and pdoritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and W}tEREAS, based upon the delay in execution of the Agreement, and resulting delay in the preparation of First Contract Period deliverables, the parties desire to modify said Agreement to revise the due date for first period deliverables; NOW, THEREFORE, the above-referenced agreement is modified as follows: In Attachment A all references to the First Contract Period termination date shall be revised to reflect the date of the Second Contract Period termination date. In other words, all references in Attachment A to First Contract Period deliverable due dates are hereby amended to reflect that the term of the First Contract Period commences on the d. ate of execution and terminates October 31, 1998. All other provisions of the Agreement not inconsistent with this Modification #1 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Modification #I to be executed by their duly authorized officials as ofthe date below. FOR THE COUNTY: COLLIER COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: Authorized County Official Barbara B. Berry, Chairman Board of County Commissioners Name/Title BY: Authorized Department Official Name~itle Date: Date: 59-6OOO558 Federal Employer ID Number Catalog of Feder'al Domestic Assistance Number: 83,516 DWIGHT E. BROCK, CLERK BY: (Deputy Clerk) Approved as to Form and Legal Sufficiency ~ Thomas (~. Palmer Assistant County Attorney AGEI'~OA JUL 2 8 19°.98 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND 516, PROPERTY & CASUALTY INSURANCE OBJECTFv'E: To seek approval fi.om the Board of County Commissioners of a budget amendment to fund Property & Casualty insurance claims and settlements for the remainder of fiscal year 1998. CONSDERATIONS: The Board of County Commissioners operates a self-insured property and casualty insurance program to fund property and casualty claims. A budget amendment to Fund 516 is sought to provide sufficient funding for the payment of claims through the remainder of Fiscal Year 1998. The primary reason for requesting this budget amendment is due to the payment of auto losses, property losses, settlements, judgments, and their related litigation ¢,xpenses which have occurred in FY 98. To date, there have been twelve major cases where settlement payment became due in FY 98 and one case which the county lost at trial.. These cases totaled $275,516 in settlement and judgment costs. In addition, it has been necessary to retain outside counsel in four cases due to conflict of interest and administrative rea.sons which has increased defense costs. The total paid to outside counsel as of June 22nd wrn $112,226. Expenses to date in the defense of these cases has been $33,882. Small third party loss payments have totaled $65,425. Payment to the BCC for property and auto physical damage claims has totaled $249,711. Total paid losses for FY 98 have been $736,760. Currently, $550,000 is budgeted in Fund 516 for the payment ofclaims expenses. It is recommended that a budget amendment of S350,000 be approved through the transfer of funds fi.om Fund 516 Reserves to Fund 516-121650-645920 (Insurance Claims). This amount will cover the settlements previously discussed and cover claims expenses for the remainder of the year'. GROWTH MANAGEMENT iMPACT: None. FISCAL IMPACT: Funds are available from Fund 516 as follows: Object Code Title Current Budget Inc/Dec. Amended Budget 121650-645920 Insurance Claims 550,000 350,000 900,000 919010-996400 Reserves 819,600 (350,000) 469,600 The Board of County Commissioners appropriates reserves expressly for the payment of claims and settlement costs. A~E~ IT£~I JUL 2 8 1998 RECONflViENDATION: It is recommended that the Board of County Commissioners approve a budget amendment to Fund 516. PREPARED BY: ~(~'~~/'~ - Date: Jeff Walker, CPCU, ARM, Risk Management Director Leo E. Ochs, Jr., Su ervme~'Adm~mstrator J U L 2 8 1998 _ Pg'-~'"? j _ EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER ENTERPRISES REALTY GROUP, INC. FOR STORAGE SPACE TO BE USED BY THE SUPERVISOR OF ELECTIONS OFFICE. ~ ~3~Kff,..TXX~: Approval of a Lease Agreement between Collier County ("County") and Collier Enterprises Realty Group, Inc. ("Lessor") for storage space to be used by the Supervisor of Elections Office following review by the Office of the County Attorney. CONSIDERATION: On June 23, 1998, the Board of County Commissioners approved item 14A, "Budget Item Regarding Storage Space for Supervisor of Elections". The space v,'hich is located at 2960 South Horseshoe Drive, Suite MOO, Naples, Florida, will include 4,500 square feet for storage and one (1) 12 x 12 foot finished office. The Lease term shall commence September 1, 1998 for five (5) years with annual renewals by providing the Lessor with thirty (30) da.,,' ~vritten notice. The landlord, Collier Enterprises Realty Group, Inc., will m'o. ke all improvements to the space pursuant to the County's specifications and at the Lessor's sole cost and expense. The work shall be completed by September 1, 1998, in which time the monthly rent of $2,700.00 will commence. If the work is not completed by this date, or completed ~o the County's satisfaction, the County xvill not be required by make any rental payments until such time as the work is completed satisfactorily. If the work is not complete as per the County's instructions by. September 15, 1998, the Lease shall become null and void. Collier County will be responsible for all janitorial and pest control services, electricity, and telephone charges at thc Demised Premises. As additional rent, the County will also be responsible for monthly Common Area Maintenance charges in the amount of Five Hundred Seventy-Seven and 50/100 ($577.50). At this time, a liability issue suggested by the Lessor needs to be addressed by Real Property Management staff and the Office of the County Attorney. The Supervisor of Elections would like to occupy the space as of September I, 1998. In order to meet this schedule, taking into account the vacation schedule of the Board of County Commissioners, staff is requesting that the Board of County Commissioners approve this item and authorize it's chairman to execute the Agreement at a later date via memorandum pending final review by the Office of the County Attorney. FISCAL IMPACT: The annual rent shall be Thirty-Two Thousand Four Hundred Dollars ($32,400.00) to be paid in equal monthly installments of Two Thousand Seven Hundred Dollars ($2,700.00). Following the first full year of tenancy, the rent shall increase by four (4) percent for each remaining year of the Lease. J U L 2 8 1 98 In addition to the aforementioned rent, the County shall be responsible for monthly Common Area Maintenace ("CAM") charges of Five Hundred Seventy-Seven and 50/100 (5;577.50). This mount shall be adjusted annually. If actual payments exceed actual CAM charges, the landlord will credit overpayments against rent due or, at the termination of the Lease, provide the 'County with a monetary refund. All costs as mentioned above, shall be withdrawn from the following account number: Fund: 001 Cost Center: 071010 Obiect, Code: 644100 General Fund BCC for Supervisor of Elect;ions - Rent GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners authorize staffto finalize the Lease Agreement with Collier Enterprises Realty Group, Inc. and authorize its Chairman to execute same at a later date via memorandum and approve any and all Budget Amendments concerning payments. PREPARED BY: DATE: 7. / Michael H. Dowling, Real Prope?ty~Specia~st, Real Property Management Dept. REVIEWED BY: ~ .,9~,~.~,,.~:~ DATE: Skip Camp, Dfi'e~to/c~ci~s Managemen(Depal~'ment Mary M~;~an, Sui~ervisor of~l~(ions DATE: Leo E. (Jchs, Jr., Administrator,' Support Services Division DATE: i A GE NOA_ ITE.~ J U L 2 8 998 P~. ~ EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BET~VEEN COLLIER COUNTY AND ROGER CARVALLO FOR ADDITIONAL OFFICE SPACE FOR THE CLERK OF COURTS AT COURT PLAZA III. OB.IECTIVE: Approval of a Lease Agreement between Collier County ("County") and Roger Carvallo ("Lessor") for office space for lhe Clerk of Courts following final review by the Office of the Count' Attorney. CONSIDERATION: The Clerk of Courts has requested additional office space in thc building which currently houses thc Finance Department, Court Plaza Ill, which is located north of the Collier County. Government Center Complex. Thc intention of this office space is to alleviate a considerable amount of crowding on the sixth (6*) floor of the Courthouse building. This space will also serve the Clerk's office during the interim period while work is being done on the implementation of the full facilities plan. The subject space is ready for occupancy and no improvements are necessary. The subject space is 1,280 square feet located on the first floor of Court Plaza III, Unit 104, 2671 Airport Road, Naples, Florida. The Lease term shall commence August 1, 1998 m:d terminate November 14, 2000. This termination date reflects the termination date of the existing Leases the County has with the Lessor at the subject building. Thc Lease contains a provision to renew annually by providing the Lessor with thirty (30) day v,%rten notice. The County has the right to terminate the Lease with or without cause by providing thirty (30) day prior v, xitten notice to the Lessor. The annual rent shall be Sixteen Thousand Six ttundred Forty Dollars ($16,640.00) to be paid in equal monthly installments of One Thousand Three Hundred Eighty-Six and 67/100 Dollars (Sl,386.67). The County shall be responsible for costs associated with janitorial services, electricity and telephone. In order to meet the client department's needs, and taking into account the vacation schedule of the Board of County Commissioners, staff is requesting that the Board of County Commissioners approve this Lease and authorize its Chairman to execute the Agreement at a later date via memorandum pending final review by the Office of the County Attorney. The proposed Lease has been reviewed by the Clerk of Courts, the Facilities Management Director and the Risk Management Director. FISCAL IblPAq;T: The annual rent of Sixteen Thousand Six Hundred Forty Dollars ($16,640.00) to be 'paid in equal monthly installments of One Thousand Three Hundred Eighty-Six and 67/100 Dollars (S1,386.67) and all related utility and janitorial costs associated w4th the operation of this office. Costs for fiscal year 1998 shall be $2,774.00. A budget amendment is needed to transfer funds from General Fund reser,,'es (001-919010) to Clerk's rental budget (001-041010-644100). Additional funds will need to be included in the fiscal year 1999 budget. GROWTtl MANAGEMENT: None AGENDSITEM JUL 2 8 1998 BECOMMENDATION: That the Board of Count5' Commissioners approve the Lease Agreement xvith Roger Car~'allo, authorize its Chairman to execute same at a later date via memorandum pending the Office of the County Attorney's review and approve any and all Budget Amendments conceming payments. PREPARED BY: ~,.._o..z..a-- /-~ ~ DATE: '2 Michael lt. Dowling, Real Prop~'i~.' Sl~ialist, Real ProperD' Management Department REVIEWED BY:skip Cal~p, Dir~c~or~t~'~_ties Man,agem p ent REVIE~,VED BY: DATE: "). / Dwight E. Brock, Clerk of Courts REVIEWED BY: Leo E. Ochs, ar., Administrator, Support Services Division APPROVAL OF RESOLUTION FOR SATISFACTION OF LIENS FOR CERTAIN 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 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 assessments 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 propedies for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 3 accounts that have paid in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $24.00 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Lien for the 1991 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by:~~o,'w~ ~"'~ ~-(~-~'~--~ Para Callis,~venue Supervisor Revenu. e-'Service~s Department 'Ter~,s"~ A Riesen Revenue Manager Revenue Services Department '~hn A. Yocrk'~ky,..DiCE~or R'Cvenue Services Department Leo O~hs, Jr.? Administrator Support Services Division Date: Date: Date: 1998 RESOLUTION NO. 98 - ~ 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 3 6 -; ,) W,O-IEREAS. pursuant to Collier County Ordinance No. 90-30, as amended, the Board ~o of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing ~l the recording of notices of liens for the delinquent solid waste collection and disposal ~2 services special assessments for 1991' and ~.~ V',0.4EREAS, Resolution No. 93-29, ,,,/as recorded on February 1, 1993 in Official 14 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County. 15 Florida, which ptaced a lien on certain properties for the delinquent solid waste collection i(, and disposal services special assessments for 1991; and ~.~ WHEREAS, Coll~er County Ordinance No, 90-30, as amended, requires the Board to l,~ approve by Resolution and record in the O¢:cial Records a Satisfaction of Lien on all ~,) accounts that have been paid in full. :u NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ..i COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 2: Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the :.~ 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the :.: followin9 accounts numbered below, subsequent to the adoption of Resolution No. 93-29, 2.~ whereupon a lien had been recorded on real property pedaining to the accounts identified 20 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 25 Board of County Commissioners, and the Clerk is directed to record this Resolution and 2'~ these Satisfactions of Lien individually in the official records of Collier County: 3o 31 32 3.: 35 36 3'; 39 40 41 .:2 .:3 45 ,:6 4? Account No. 032308 Account No. 036605 Account No. 103800 This Resolution adopted this~ second and majority vote. AT"I'EST: DWIGHT E. BROCK, CLERK day of ., 1998 after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN Approved as to form and I e..,~ I sufficiency.; 7..,',7,'/¢¢. "' I~vid ~.. Weig el / County Attorney AC.~[NOA. l'r__l:M . .o. /(~12 // JUl 2 8 1998 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN 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: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1992 Solid Waste Collection and Disposal 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 972 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 10 account that ~ paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $70.50 which is to be charged to Account No. 510-102030-649030. GROW'rH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 10 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 10 Satisfaction of Lien for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by: ......x)/¢**.~,,,. ~ Date: Pam CaIlis, Revenue Supervisor,' Rever'~ Services Department Reviewed by: /'~'~~" ~'"~ Date: Teresa A. Riesen, Revenue Manager Revenue Services Department Joh'n~. Yon ko-s~'~ector REV'?: Services Departme.¢--" Approved by: ~?L)b~"t ¢/?, ~.:,¢.~li/ ~r-'~,'''' Date: I~e'-6' Oc~s~, Jr., ASCninistra~or-' -~' ' Support Services Division AGENDA ITEM .JUL 2 8 1998 pg. I 6 7 $ 9 I0 I1 12 13 RESOLUTION NO. 98 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SER".qCES SPECIAL ASSESSMENTS :: WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the I3 Board of County Commissioners on September 19, 1994 adopted Resolution No. 16 94-668 authorizing the ,'recording of notices of liens for the delinquent solid was-re 17 collection and disposal services special assessments for 19923 and is WHEREAS, Collier County Ordinance NO. 90-30, aS amended, reauires the Board ]9 to approve by Resolution and record in the Official Records a Satisfaction of Lien on :o all accounLs that have been paid in full. :] NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 2_' COLLIER COUNTY, FLORIDA, that pursuant to Collier Counw 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 accoun~ ~ numbered below, subsequent to the adoption of Resolution No. 9~--568, whereupon :! a lien had been re:ordeC on real prope,q-y pertaining to the £ccounts identifies :7 herein. The Satisfactions of Lien attached hereto referencing the accoun~ :s iCentified herein are hereby approved and the Chairman is he,'aby authorized to :9 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 Count'y: Account NO. 20006 Account No. 36605 ACCOUnt NO. 48703 Account NO. 64253 Account NO. 73451 ACCOUnt NO. 115102 ,39 Account No. 128254 Account NO. 147109 Account No. 8206 42 Account NO. 27300 4~ 45 AGENDA ITEM No. lb, .b ~ 2. JUL 2 8 1998 PS. Z_. This Resolution adopted this second and majority vote. A~i'E~T: DWIGHT E. BROCK, CLERK 1o ]I 13 14 15 16 I? 18 19 day of ,1998 after motion, BOARD OF COUNTY COMMI$SIONE.~S COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN AGENDA ITEM No. Ito I'5 IZ JUL 2 8 1998 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WAS'rE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1993 Solid Waste Collection and Disposal 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 and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 12 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $78.00 which is to be charged to Account No. 510-102030-649030. GROW'rH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approvin9 the 12 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 12 Satisfaction of Lien for the 1993 Solid Waste Collection and Disposal Services Special Assessment Liens. Pre pared by: ~ o¢,~,~ (~"\~ Pam Calli/scRevenue Supervisor Reven//~,~Se. rvices Department Reviewed by: /7 -~ ~--~//;' J Teresa A. Riesen, Revenue Manager Revenue Services Department Reviewed by:'~--._~"'~Xk',~~~'~,,, A. Yo k kNDi eCt/ R~nue Se~ic~s Depadment L~c~s, Jr., Administrator Suppod Se~ices Division Date: Date: Date: ._ JUL 2 8 1998 Pg° / RESOLUTION NO 98-~_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNT THAT HAVE PAID I1',1 FULL THE 1993 SOLID WASTE COLLECTION AHD DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Colher County Ordinance No 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the record~n9 of notices of hens for the dehnquent solid waste collection and d~sposal services special I1 assessments for 1993; and 12 WHEREAS, Colher Counly Ordinance No. 90-30. as amended, requires the Board to 13 approve by Resolution and record in the Official Records a Satisfaction of Lien on ail accounts that 14 have been paid in full. 15 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 1(, OF COLLIER COUNTY, FLORIDA, that pursuant to Colher County Ordinance No. 90-30. as amended, the Board recognizes fei payment and receipt of the 1993 Service Year Sohd Waste CoIlechon ar',d D~sposal Special Assessment for the following accounts numbered below, subsequent to the adcpbon of Resolution No. 94-694, whereupon a lien had been recorded on real 20 property pertaining to the accounts idenbfied hereto. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to s~gn on behalf of the Board of County Commissioners, and the Clerk is directed to record lhis Resolubon and these Satisfactions of Lien individually in Ihe official records of Colher County: Acccunt No. 7304 Account No. 7935 Account No. 8109 2,) Account No. 8578 Account No. 9917 Account No, 12865 Account No. 16573 Account No. 22318 Account No. 22981 35 Account No. 24484 Account No. 29081 37 Account No. 3984 ],) This Resolution adopted this 40 majority vote. ... day of .... 1998 after motion, second and 41 42 4] 44 4.~ 46 47 4X 54 ATTEST: DWIGHT E. BROCK, CLERK Approved as 1o form and legal sufficiency: ~vid/~'.. Weigel / Cour)ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; BARBARA B. BERRY, CHAIRMAN J U L 2. 8 1998 AUTHORIZATION TO EXECUTE SATISFACTION OF LIENS FOR CERTAIN 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: That the Board of County Commissioners adopt a Resolution approving the Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1994 Solid Waste Collection and Disposal 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 cedain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the 18 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $118.50 which is to be charged to Account No. 510-102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 18 Satisfaction of Liens for the account listed in the Resolution and authorizing the Chairman to sign the 18 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services Special Assessment Liens. Prepared by: Pam C/alfis, Revenue Supervisor Rev/.~,ue Services Department Teresa A. Riesen, Revenue Manager Revenue Services Department Reviewed by: ~-~¢.~,.~-~-k'N~k~~,~',. Jc(h~A. Y onkosk_~, Direotor..c---'~, R've~ue Services Depaffment ~ ppro db : ~'~s, Jr., 'Administrator Suppo~ Se~ices Division J U L 2 8 1998 7 8 9 10 "7 ~0 3~ 33 3.: 3~ 37 3~ 39 4O 4! 4: 43 45 46 48 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 11 WHEREAS, pursuan't to ColIier County Ordinance No. 90-30, as .=mended, the Eo~rd of 12 Ccur, t'! Commissioners on August 22. 1.c95 .~dopted Resolution No. ~c5-.4'.75 authc~zJng :he 13 recording of notices of liens for the delinquent solid waste collection and dis.=csa services s.2eci.=l 14 assessments for 1994; and I~ ~%','EREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 16 approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts th=t 17 have been paid in full. IS NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN~ COMMISSIONERS OF COLUER COUNt, FLORIDA, thst pursuant to Collier Coun~ Ordinance No c~ ~- - ~'-~'. ~mended, We Board recognizes full payment and receipt of the 1994 Se~i~ Year S~t~d Collodion ~nd Disposal Spedal Assessment for the fsllowing acc=unts numbered be!ow. 22 subsequent to the adoption of Resol~ion No. 95~75, whereupon a lien h~d been recorded c: proton/ pe~aininc to the accounts identified herein. The S~,ls,a~aons of Lien a~cr, ea referendng the ~cccun:s idemtfied herein ~re hereby apprcve~ ~nd ~he Ch~i~n is hereby authorized to s~ cn behalf cf the Board of Ccunp/ Commissioners. a~d the Clerk is dJre.:;ed ~..,u,:.n acd 'h:,: Satzsfa.c:~cns cf Lien individually in "~ ..... t,,. cfiicisi.records cf Cci~ie: Count/: Account No. 289I AcccuntNo. 4857 Account Nc. 6004 AcccuntNc 6512 Acccunt No. £619 Account No. 7125 Account No. 7252 Account No. 8112 Account No. 8510 Account No. 16870 Accounl No. 17349 Account No. 18814 Account No. 20307 Account No. 21157 Account No. 21681 Account No. 23003 Account No. 24222 Account No. 27562 .o. /-/"/~/~- I JUL281998 J 6 7 8 9 I0 11 12 15 16 17 This Resolution adopted this · majodt7 A'FFEST: DW1GHT E. BROCK, CLERK Approved as to form and legal sufficiency: David V~igel / Cou~)~ A~omey day of . 1998 after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN APPROVAL OF BUDGET A?,IENDMENTS BCC Agenda of July 28. 1998 Public Services (Fund No. 198) Budget Amendment No. 98-330 Museum_ (S3,400) Other Contractual Services _Museum_ $3,400 Office Equipment -0' Total Explanation; Funds are needed to upgrade the museum's four year old copier. Frequent repairs on the present one are costly. Automated Information System (Fund No. 505) Budget Amendment No. 98-336 ~Client System Suvpo.r! Educational Expenses (57,000) Client System Supvort S7,000 Equipment .0 Total Explanatioq:. Funds were transferred to cover a training course that ,,,.'as canceled. Original capital expenditure has been restored and required to purchase computer equipment for the department. Public Services (Fund No. 001) Budget Amendment No. 98-352 Library Extension Regular Salaries Public Services Administrati0.n. S5,000 Regular Salaries .0o Total Explanatioql Funds are needed to cover a mid-year salad' adjustment authorized by the CounD' Administrator. ($5,000) AGENDA ITEM JUL 2 8 998 Pg. EXECUTIVE SUMMARY RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS OF CONSENT/ EMERGENCY ITEMS APPROVED BY TilE COUNTY ADMINISTRATOR DURING THE BOARD'S ABSENCE OBJECTIVE: The Board of County Commissioners ratify consent/emergency items approved by the County Administrator during the Board's absence during the period June 24 through July 27, 1998. CONSIDERATIONS: At the June 23, 1998 regularly scheduled meeting, the Board of County Commissioners authorized the County Administrator to approve consent and emergency items during their scheduled absence. The following items were approved by the County Administrator and are herein submitted for acceptance by the Board. A) Approve the salary transfer of Parks and Recreation positions. B) Approve a budget amendment to appropriate the maintenance services revenues for reimbursement of operating expenses. C) Budget amendment report (June 3.0, 1098) D) Budget amendment report (July 21, 1998). E) Lien Resolutions - Code Enforcement Case Numbers 70512-032, 70717-033, 70917- 045. F) Lien Resolutions - Code Enforcement Case Numbers 6114-410, 70210-023, 70505- 088, 70512-032. FISCAL IMPACT: As stated in the respective executive summaries. GROWTH MANAGEMENT IMPACT: As stated in the respective executive summaries. RECOMMENDATION: The Board of County Commissioners accept and ratify the above listed items which were approved by the County Administrator during the Board's absence during the time period stated above. Prepared by: /~4ffT--~LX..a~ -~_a~x__e____ ._.._.._._._ _ Barbara Pedone, Executive Secretary to the County Administratoi ! ITEM I ! EXECUTIVE SUMMARY APPROVE TIlE SALARY TRANSFER OF PARKS AND RECREATION POSITIONS. Objective: That the Board of County Commissioners approve a budget amendment that transfers salaries and associated costs bctxveen cost centers for lifeguard'positions and a park ranger position for Sugden Regional Park. Consideration: Currently, the salaries and associated costs for the lifeguard positions and the park ranger position at Sugden Regional Park are budgeted in the Parks & Other Properties (park maintenance) cost center. These positions were originally placed in this cost center in order to couple 311 the Sugden Park operating expenses. Noxv that the park is open, staff believes it is more beneficial to recognize these funds within their appropriate jurisdiction; therefore, staff requests that the lifeguards be placed in the Aquatics cost center since the aquatics supen'isor hires and oversees them. and that the park ranger position be placed in the Beach and Water Park Operations cost center with the other park ranger positions. This change has already been recognized within the proposed fiscal ,','ear 1999: however, staff requests the transfer of the salaries in adopted 1998 in order to create historical data and tracking for future use. An executive summaD' is required for a budget amendment exceeding $50,000. Growth Management: None Impact: A budget amendment will transfer funds totaling $65,531 from the General Fund. Parks Other Property (001-156332) to General Fund. Golden Gate Aquatics (001-156313) for the lifeguard positions. Funds in the amount of $14.927 will be transferred from General Fund, Parks and Other Property (001-I 56332) to General Fund, Beach and Water Park Operations (001-156363) for the park ranger position. An>' salaries dispersed to employees previous to thi~ approval will also be adjusted within the respected cost center. Recommendation: That the Board of County Commissioners approve the transfer of salaries into the respective cost centers. (/ohn Dunnuck. Operations Coordinator Department of Parks and Recreation Reviewedand '~'//~/f S' //' Approvedby: ///'/ /. ..-~?1 /~ /.g': Department of Parks and_.R~creation Reviewed and~ ~ Approved by:~Tho~l~s_ ~.~,6~T[i~f, Ad.~.strator~ Division of Pubtic Sen'ices Date: EXECUTIVE SUMMARY APPROVE A BUDGET MAINTENANCE SERVICE OPERATING EXPENSES. AMENDMENT TO REVENUES FOR APPROPRIATE THE REIMBURSEMENT OF OBJECTIVE: To have the Board approve thc attached budget amendment appropriating those revenues received for reimbursement of operating expenses incurred for building maintenance and repair items known as special sec'ices. CONSIDERATION: The Department of' Facilities Management is called upon to provide services that arc not exclusively for repair and maintenance. This work is titled special service and expenses are passed through to the user departments. Revenues are received from various "consumer" departments as payment for materials used and services performed. When actual request for services exceed those anticipated at the time of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. This procedure occurs approximately three times 1,er year. These funds are Mready budgeted in the user departments and are merely being transferred to the Building Maintenance Section Cost Center. FISCAI., IMPACT: Revenues of S110,000 are being appropriated from Reimbursement for Building Maintenance (001-122240-48',;400) to Building Maintenance Operational Expenses (001-122240-6XXXXX). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: necessary budget amendments as addressed within this summary. SUBMITTED ,:- / I~aniel R. kodriguezl-Fa.~~anager Department of Facilities Management That the Board of County Commissioners approve the Date: REVIEWED BY: Skip Camp, CFM. Director Department of Facilities Management Date: APPROVED BY: ~- ~-~ Leo E. Ochs, Jr., Ad~stralor Support Services.-O./D, jv~on Date: APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 6/30/98 Metro Planning MPO (Fund No. 126) Budget Amendment No. 98-272 MPQ Grant JuN 91 - June 92 Capital Outlay ' $1,800 Contributions - Other Funds Operating Expenses ($1,800) Total S 1,800 Explanation: This budget amendment is only to correct the cost center where the contribution from fund I 11 is set up. The budget is set up in the MPO cost center instead of the contributions to other funds cost center. Parks and Other Property Capital Outlay Operating Expenses Total Parks and Recreation (General Fund No. 001) Budget Amendment No. 98-294 S6,000 (S6,000) $6,000 Explanation: The trees to be purchased for the park are under the S750 limit. The money allocated for capital landscaping needs to be placed in the operating budget under landscaping. Support Services (General Fund No. 001) Budget Amendment No. 98-308 Purchasing Administration Capital Outlay Operating Expenses Total Explanation: $6300 (S6,X00) S6,300 Funds are neededtorenovate and equip the Mail Center ~rexpanded operations. Parks & Recreation (General Fund No. 001) Budget Amendment No. 98-312 13. Naplcl; CommuniW Park Personal Scv,'ices S3,000 Frank Mackle Communiw Park Personal Services ($3,0OO) Total S3,000 Explanation: Frank Mackle Community Park budgeted funds for six temporary, full-time summer camp counselors. Due to customer needs, a seventh counselor is needed. The East Naples Middle School Camp was canceled and a counselor position budgeted for that camp will go to the Frank Mackle Community Park. Social Serv.ices (Fund No. 001) Budget Amendment No. 98-320 Heahhcare Responsibility Act Operating Expenses Social Services Administration Capital Outlay Total Explanation: Funds are needed to replace a seven year old copier. ($3,800) S3,800 S3,800 Library Administration & Naples Branch (Fund No. 001) Budget Amendment No. 98-321 Library Administration & Naples Branch Personal Services (S 10,200) Marco Island Branch Operating Expenses $10,200 Total $10,200 Explanation: Funds were not approved in the Marco Island renovation project to pay for the irrigation of new landscaping, and to establish and preserve the new plantings through the current drought. This expense was not foreseen in the creation of the Marco Island Branch Operating Budget for FY 98. Code Enforcemcnt (General Fund No. 001) Budget Amendment No. 98-296 Code Enforcemenl Operating Expenses Capital Outlay Total Explanation:,. Funds are needed to pay some past due invoices. (S12,300) $12.300 $12.300 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of July 21. 1998 Courts (Fund .No. 192) Budget Amendment .No. 98-328 Public Guardianship Program Guardianship Fees $9,900 public Guard nnship. Resetves for Contingencies Total (S9,000) o0' [~xplanafion,i Public Guardianship needs additional appropriation in order to continue to support Guardianship functions. Public Works (Fund No. 408) Budget Amendment No. 98-324 Water Dept. Operations/Maintenance S5,500 Capital Outlay Operating Expenses (S5,500) Total - 0 - Explanation~ This equipment (troubleshooting and repair) will allow County personnel to calibrate certain machinery that has previously been contracted out to another consultant. Purchase of this equipment will allow the department to perform the task in-house. EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 70512-032, 711529-028, 70717-033, 71)718-(196, 70917-045 OB,IECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to ~rccox'er public funds expended to effect the abatement ora public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47. a legal notice of assessment and copy of the Resolution will be mailed lo the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summar?' Lien Amount 70512-032 Mimon Baron a. Violation determination 05/14/97 $ 295.00 b. Notice of Violation served 05/19/97 c. Verification of unabated nuisance 06/23/97 d. Nuisance abated with public fund3 07/14/97 e. Owner invoiced for costs 08/07/97 70529-028 Antonio & Flor a. Violation determination 06/04/97 850.00 Marulanda b. Notice of Violation serYed Undeliverable c. Verification of unabated nuisance 07/03/97 d. Nuisance abated with public funds 07/31/97 c. Owner invoiced for costs 08/07/97 70717-033 Bruce T & Elsye K a. Violation determination 07/31/97 245.00 Whitmer b. Notice of Violation served 08/07/97 c. Verification of unabated nuisance 08/28/97 d. Nuisance abated with public funds 09/02/97 e. Owner invoiced for costs 09/18/97 70718-096 Edward R & Sylvia kt a. Violation detemfination 07/29/97 245.00 Asher b. Notice of Violation served 08/04/97 c. Verification of unabated nuisance 08/28/97 d. Nuisance abated with public funds 09/04/97 e. Owner invoiced for costs 09/18/97 70917-045 Mimon Baron a. Violation determination 09/19/97 245.00 b. Notice of Violation served 09/26/97 c. Verification of unabated nuism~cc 10/16/97 d. Nuisance abated with public funds 10/30/97 e. Owner invoiced for costs 11/06/97 FISCAL IMPACT A total reimbursement of S 1,880.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # I11-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: heloh y Bridge an, Customer Service Representative Code Enforcement REVIEWED BY: J~'~elanger, Senior Custome~k.~ervice Agent CorDej~n forcement REVIEWED BY: Michelle Ed~vards Arnold, Director Code Enforcement APPROVED BY: ~~autero, ,~ICP, Administrator Community Dev. & Environmental Svcs. DATE: 6- Z2 - "/~> _ DATE: CSce 8 - 6/91 BOARD OF CO~Y COMMISSIONERS COLLIER COUNTY, FLORIDA LEGkL NOTICE OF ASSESSMEhrr OF LIEN Baron, Mimon 2375 Ta~iami Trl. N STE 300 Naples, FL 34103 DATE: REFERENCE 70512-032 ~55200240000 LIEN N~BER: LEGAL OESCRIPTION: Lot 6, Lely Country Club, MURFIELD, according to the plat thereof as 'recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Hanager, did on 5/14/97, order the aba=ement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (3 ft.). Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Dead pine trees (3 to 4), palm fronds, chucks of concrete. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a c~Lrect cost of $ 95.00 and administrative cost of $200.00 for a total of $ 295.00. Such cos%s, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such 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 this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Com~issi~H~'~.~'..~ Government Center, Naples, Florida 34112 in writing within ~hirtz,.{~o2 days from the date of this assessment to be valid. ! RESOLUTIOt; ~0. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, 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 thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of ~aid property, is hereby assessed the following costs of such abate~ent, to wit: ~AME: LEGAL DESCRIPTION: COST Baron, Mimon $ 295.00 2375 Tamia~ni Trl N Lot 6, Lely Country Club, STE 300 MLrRFIELD, ,~ccording to the plat Naples, FL 34103 thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. REFERENCE: 55200240000 #70512-032 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such proRerty according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after mosion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND! LEG;~L~ SUFFICIENCY: ~DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/98 BY: BARBARA B. BERRY, CHAIRMJkN EXECUTIVE SUMMARY_ LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 6114-010, 70210-023, 70418-065, 70505-088, 70512-'032 OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to effect the abatement of a public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION_ As required by Ordinance 91-47. a legal notice of assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thin.',' days after mailing of the resolution. Case No. 6114-010 70210-023 70418-065 70505-088 Owner of Record j.p. & W.F Fox Robert J & Leslie Fredrickson AKA Leslie Karen Beck Julio Dominquez Estate John R Dominquez, Personal Rep. Thomas & Lorraine Sanzalone Marlene & Casimiro Eguuizabal Case Summa~' a. Violation determination 01/26/96 b. Notice of Violation ser~'e Undeliverable c. Verification o f unabated nuisance 12/22/96 d. Nuisance abated xvith public funds 01/20/97 e. Own/:r invoiced for costs 01/23/97 a. Violation determination 02/07/97 b. Notice of Violation served Undeliverable 70522-030 c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public fund3 e. Owner invoiced for costs a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 03/25/97 03/28/97 04/11/97 04/29/97 05/06/97 05/27/97 06/02/97 06/05/97 06/04/97 06/13/97 07/03/97 09/22/97 10/03/97 Violation determination 05/19/97 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 07/10/97 d. Nuisance abated with public funds 07/26/97 e. Owner iavoiced for costs 08/07/97 ,ien Amount $ 2,115.00 290.00 245.00 295.00 245.00 FISCAL IMPACT A total reimbursexnent of $ 3,190.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately S 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTtt MANAGEMENT IblPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: ~f~ ! ~ , MeloVdy-Br-idge~n, Custo/ia~r Service Representati, e Code Enforcement DATE: REVIEWED BY: Ju~,~d-B,elanger, Seni-"or Custorfl~r Service Agent Codle.~ forcement REVIEWED BY: DATE: 1V~ic~helle Edwards Arnold, Director Code Enforcement Vincent A. Cautero, AICP, Administra-~tor Community Dev. & Environmental Svcs. DATE: DATE: CSce 8- 6/91 BOARD OF COUNTY CO~{MISSIO~ERS COLLIER COUntrY, FLORIDA LEGAL NOTICE OF ASSESSP{ENT OF LIEN J P Fox W F Fox P O Box 2130 Hickory, NC 28603 REFERENCE 61114-010 #67491280003 DATE: LIEN IIUI4BER: LEGAL DESCR!PTIO:;: Lot 32, pINE-VIEW VILLAS, Block "A", A subdivision lying in the Southeast quarter (SE1/4) of Section 13, Towl~ship 50 South, Range 25 East, Collier County, Florida, as recorded in Plat Book 9, at Page 49, of tho Public Records of Collier County, Florida. You, as %he owner of the property above described, as recorded in the records ma~nt.~ined by the office of the Property Appraiser, are hereby advised that the Compliance Services r.~anager, did on 11/27/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian pepper hedges and approximately two Australian pine tree~ You failed to ~bate such nuisance; ~,~reupon, it was abated by the expenditure cf public funds at a direct cost of $1915.00 and administrative cost of $200.00 for a total of $2115.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, ~torida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessmen[. You may request a hearing before the Board of County Co~missioners to show cause, if an',', why the expenses anJ charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such reques~ for hearing must be made to the Clerk of the Board of County Co.~unissioners, Government Center, rlaples, ~lorlda 3.1112 :n writing within thirty (30) days from the date of thls assessment to be valid. CLERK, BOARD OF COUNTY COM~.IISSIONERS CSce 9- 1/93 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY CO~4ISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUIS~4CE, IN ACCORDANCE WITH ORDINanCE 91-47. WHEREAS, as provided in ordinance 91-47, 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 agains~t which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~.~<ISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA/~LE: LEGAL DESCRIPTION~ COS~ J p FOX Lot 32, pIh-E-VIEW VILLAS, Block $2,115.00 W F FOx "A", A subd:.vision lying in the P O Box 2130 Southeast quarter (SE1/4) of Section Hickory, NC 28130 13, Township 50 South, Range 25 East, Collier Cou=nty, Florida, as. recorded in Plat Boc~k 9, at Page 49, of the Public Rec~4~ds of Collier County, Florida. REFERENCE: 61114-010 ~67491280003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) 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 of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BA.RBAR3% B. BERRY, CHAIRFLAN APPROVED AS TO FORM A,ND LEGAL SUFFICIENCY: CSce 11 - 1/98 EXECUTIVE SUMMARY RECOMMENDATION TO REJECT PROPOSAL RECEIVED UNDER RFP #98- 2797, IMPACT FEE STUDY FOR LIBRARY, EMS AND TRANSPORTATION, .42';D DIRECT STAFF TO RE-ADVERTISE RFP. ~ To obtain approval to reject the one (1) proposal received in response to RFP #98-2797, "Impact Fee Stud.',' for LibraD', EMS and Transportation." CONSIDERATIONS:. In March 1998, pursuant to the County Administrator's direction, a staff selection committee was formed and tasked xvith determining the feasibility of procuring updated studies for Library., EMS and Transportation impact fees. The intent was to combine the three areas into a single study in order to reduce contractual service costs. A request for proposals was developed and notices were issued to 28 firms on March 30, 1998 for this purpose. Two (2) firms requested packages, and on April 30, 1998, one (1) proposal was received from Tischler and Associates. Inc. The proposal was reviewed bv the selection committee and was deemed not to be fully responsive to the published requirements of the RFP. The RFP required that the vendor study 'the County's existing programs by performing such tasks as: reviewing applicable ordinances and level of service standards, conducting trip count surveys, reviexving current guidelines for alternate impact fee calculations, and recommending changes to the existing fee schedules. Rather than a simple update of key elements of the current impact fee structure, the lone respondent proposed a large-scale analysis and overhaul of the Library, EMS, and Transportation capital facilities programs. This was well beyond the scope of the RFP. In addition, the proposal contained many factual errors in the Approach Section and insufficient detail of the vendor's credentials. Given the very limited response to the solicitation and the lack of responsiveness to the County's requirements as published, and in the interest of attracting responde, nts full,,,' qualified to meet the County's needs, staff recommends the following actions be taken: (I) The Board reject the one (1) proposal received and authorize staff to re-solicit proposals; (2) The RFP language be amended to allow vendors the option of responding to separate components of the package (i.e., Library, EMS or Transportation, or any combination of the three), based on their qualifications and experience, rather than the entire scope. AG AI M JUL 2 8 1998 FISCAL IMPACT: For the purpose of comparison, the cost of the Parks Impact Fee stud.,,' completed in March of 1998 was 524,650. The lone vendor's proposed price for the study was $45,150. The expense will be borne in the individual impact fee funds. Funds are available in Library (355), EMS (350), and Transportation (331-340) Impact Fee Funds, Reserve for Capital Outlay (919010-993000). GROWTH MANAGEMENT lblPACT: The impact fee studies are critical to ensuring adequate funding for growth-related capital improvement projects in accordance with the Capital Improvement Element (CIE) of the Groxvth Management Plan. RECOMMENDATION: That the Board of County Commissioners reject the proposal received under RFP 98-2797, and authorize staff to re-solicit proposals as outlined in Considerations. Ph'ri~t p Tind-~'i l Management & Budget REVIEWED BY: Michael Smykowski, Director Management & Budget REVIEWED B Y: _.~ ~.,.~..,, Stephen Camelld) Purchasing/General Services APPROVED BY: Date: Robert F. Fernandez County' Administrator AGF. NnA ITFM . J U L 2 8 1 198 Pg..,., ~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JULY 28, 1998 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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 June I - June 5, 1998; June 8 - June 12, 1998; June 15 - June 19, 1998 and June 22 - June 26, 1998, June 29 - July 3, 1998, July 6 - I0, 1998. Districts: A. Collier Soil & Water Conservation District - meeting notice for May 20 & July 15, 1998. B. Key Marco Community Development District - Proposed Operating Budget - FY 1999. C. Naples Heritage Community Dekelopment District - Proposed Operating Budget - FY 1999. D. Fiddler's Creek Community Development District - Proposed Operating Budget - FY 1999 & minutes of March 25, 1998 meeting. E. Lely Community Development District - Proposed Operating Budget - FY .I 999. F. Pelican Marsh Community Development District - Proposed Operating Budget - FY 1999. G. Heritage Greens Community Development District - Proposed Operating Budget - FY 1999 and minutes for April 22, 1998 meeting. H. Port of the Islands Community Improvement District - Proposed Budget - FY 1998-1999 and minutes for April 16, 1998 meeting. Minutes: A. Bayshore Avalon Beautification Advisory Committee - agenda for June 3, 1998 and minutes for May 4, 1998 meeting. Referred to BCC. Referred to BCC. B. The Beach Renourishrnent/Maintenance Committee - agenda for_May 7 & June 4. 1998. Referred to BCC. AGENDA, ITEM JUL 28 1998 Code Enforcement North Meeting - minutes for January 22, 1998, February 26, 1998 and April 23, 1998. Referred to BCC. Code Enforcement South Meeting - minutes for March 13 & April 10, 1998. Referred to BCC. Emergency Medical Services Advisory County. - minutes for March 25 & April 29, 1998. Referred to BCC. Enterprise Zone Development Agency - minutes for February 19, 1998. Referred to BCC. Go Environmental Advisory Board - iagenda for May 6, & June 3, 1998 and minutes for April I & May 6, 1998. Referred to BCC. Environmental Policy Technical Advisory Board - agenda for May 11 & June 8, 1998. Referred to BCC. Golden Gate Beautification Advisor,:, Committee - agenda for June 9, 1998 and minutes for May 12, 1998. Referred to BCC. Golden Gate Estates Land Trust Committee - minutes for February 23, 1998. Referred to BCC. ltistorical/Archaeological Preservation Board - agenda for April 17 & June 19. 1998. Referred to BCC. Immokalee Beautification M.S.T.U. Advisory Committee - agenda for Ma.,,' 20 & June 17, 1998 and minutes of April 15 & May 20, 1998. Referred to BCC. Isle of Capri Fire & Rescue District - agenda & minutes for Ma.,,' 7, 1998. Referred to BCC. .Lely Golf Estates Beautification Advisory Committee - agenda for May 8 & June 12, 1998 and minutes for April 10 & May 8, 1998. Referred to BCC. Oo Library. Advisory Board - minutes for March 25 & April 29, 1998. Referred to BCC. Metropolitan Planning Organization - Notice of Public Hearing - April 24, 1998. Referred to BCC. Parks & Recreation Advisory Board - agenda for April 22 & May 27, 1998 and minutes for March 25 & April 22, 1998. Referred to BCC. Pathway Advisory Committee - agenda for Ma)' 15, & June 19, 1 for April 17, and May 15, 1998. Referred to BCC. J U L 2 8 1998 Pg. No Other A. Co Pelican Bay MSTBU Advisor>.' Committee - agenda for 1May 19 & June 3, 1998 and minutes for May 6, 1998. Referred to BCC. Planning Commission- agenda for May 7, May 21, June 4 & June 18, 1998 and minutes for April 2. April 16 & May 7, 1998. Referred to BCC. Productivity Committee - minutes for April 15, 1998 and May 20, 1998. Referred to BCC. Radio Road Beautification Advisory Committee - agenda for June 8, 1998 and minutes for May I 1, 1998. Referred to BCC. Technical Advisory Committee 8: Citizens Advisor,/' Committee of Collier County. MPO - agenda for April 22, 1998 and minutes for March 25, 1998. Referred to BCC. Water and \Vastev,'ater Authority- minutes for March 23, 1998 Two letters dated June 5, 1998 and June 24, 1998 from Michael A. Welsh, Controller, Collier Count.',' Tax Collector's Office, referencing Current Ad Valorem Tax & Non-Ad Valorem Assessment to the BCC after Tax Collector's commissions and distribution recap. Referred to BCC. Second Quarter Contract Management Variance Report for FY 10/1/97-9/30/98 from Charles Konigsberg. Jr.. M.D., M.P.H. Referred to BCC. Florida Department of Environmental Protection - Secretary's Quarterly Performance Report - Volume 1, Number 2, Februao' 19, 1998. Referred to BCC. Health Planning Council of Southwe:;t Florida, Inc. - Quarterly Report of Program Activities, District 8/Quarter Ending June 30, 1998. JUL 2 8 1998 EXECUTIVE SUMMARY RECOMMEND THAT THE COLLIER COUNTY COMMISSION E/FDORSE THE UNITED STATES DEPARTMENT OF JUSTICE FEDERAL EQUITABLE SHARING AGREEMENT AND THE FEDERAL ANNUAL CERTIFICATION REPORT FORMS. OBJECTIVE: That the Collier County Commission endorse the United States Department of Justice Federal Equitable Sharing Agreement and the Federal Annual Certification Report forms. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's Office works with U.S. Department of Justice and. U.S. Department of Treasury law investigative, agencies to enforc~ federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. Justice and Treasury require a Federal Equitable Sharing Agreement to be signed triennially by the law enforcement agency and a designated official of the governing body. If there is a change in administration for the governing body within the three year period, a new agreement must be submitted to reflect the signature of the new official of the governing body. The current Agreement was signed by the past Chairman of the Board of County Commissioners on May 20, 1997. A new Agreement and Annual Certification Reports need to be signed by the current Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues will be accounted for separately in Fund 602. Funds will be used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues will be received depends on when a case is closed. Total revenues to be received cannot be determine until cases are closed. GROWTH IMPACT: None. RECOMMENDATION: That the Collier County Commission endorse the United States Department of Justice Federal Equitable Sharing Agreement and the Federal Annual Certification Report forms. L', FINANCE~'DIRECTOR June 18, 1998 DATE: a:XS.Es2 ROb"FED TO: DATE RECEIVED: Date: June 18, 1998 DO NOT '.~.IT~ 'Y~BO~ TS{IS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) To: From: Office of the County Attorney Crystal K. Kinzel (Name) Sheriff's Office , Attention: Thomas Palmer, Esq. , Finance Director .- (Title} Finance Division (Di',ision) Re: Federal Ec~[itable Sharinq forms ($~ject} BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background concise,and articulate). (Deparument } information - be specific, The Sheriff's Office needs to submit a new U.S. Department of Justice and U.S. Department of Treasury Federal Equitable Sharing Agreement and Federal Annual Certification Reports. The current agreement was signed by Timothy L. Hancock on May 20, 1997. Equitable sharing guidelines require a new eqreement to be submitted if there is a change in administration for the verning body within the three year agreement period. Board approval is eded for Barbara B. Berry to execute the Agreement and Annual Certification Reports. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Copy of Agreement signed on May 20, 1997. Copy of Page 19 from current Guide to Equitable Sharing for Local Law Enforcement Agencies. THIS ITEM HAS/HAS NOT BEE~ PREVIOUSLY SI/BMITTED. {If previously submitted, provide Count}, Atto.--ney's Office file number.) ACTION REQUESTED: [Be vet-! specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Don Hunter, Sheriff All re.~uests must be copied to your appropriate Division or Constitutional Officer.) jh/a: lees2 VALID THRU SEPTEMBER .30, FEDERAL EQUITABLE SHARING AGREEMENT' I ggg Agency: Collier Counr, y Sheriff's Office Contact Person: ...Danny Shryvert Esq. Address: 3301 Tamiami Trail East, Buildinq J, Naples, Florida 34112 (S~'e e t/City/St at e/:7ip) Agency Fiscal Year Ends on: September, 1998 (Mon~CKear) NCIC Code: FLO110000 Bank Routing Code and Account Number for EFT PurDoses: Telephone Numbec 941-793-9292 Fax Number 941-793-9195 Check one: [] Police Dept 12:1 Sheriff Dept [] Task Force [] Prosecutor's O~ce [] Other This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) lhe above-stated law enforcement agency, and (3) the governing body sets forth the requirements for partidpation in the federal equitable shadng program and the restrictions upon the use of federally forfeited ca:;h, property, proceeds, and any interest earned thereon, which are equitably shared with participating agencies. By their signatures ',he padies agree that with respect to all sharing requests, they will be bound by the guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Submission Date. This agreement must be subrritted to both the Department of the Treasury and the Department of Justice (at the addresses shown) in accordance with the instructions that are received from the respective departments or as outlined in their individual Guides. E~ecudve Office for Asset Forfeiture U.S. Department of the Treasury Washington, DC 20220 Asset Forfeiture and Money Laundering Section Criminal Division U.S. Department of Justice P.O. Box 27322 Washington, DC 20038 Signatories. This agreement must be signed by the head or designee of the law enforcement agency andre authorized responsible official or designee of the governing body. R'eceipt of the signed agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the guidelines, and specified in the equitable sharing request (either a form TD F 92-22.46 or a form DAGo71) submitted by the requesting agency. A~y and all requests for a change in use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the address of the appropriate agency shown in item 1. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must vedfy first that the receiving agency has a current and valid Federal Equitable Shadng Agreement on file with the Departm .e~_ nf 'l're~su~ and the Department of the Justice. If there is no agreement on file, the under~ignedA~tE-i~qqlLal~t agency must obtain one from the receiving agency, and forward it to the l~pprolAd3ie'Depa~tmen' A l~st of recipients, their addresses and the amount transferred should Ce~'fication Report. 5. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Department of the Treasury or the Department of Justice. i.e.. Treasury funds will be tracked separately from Justice funds. Interest income generated should be deposited in the appropriate federal forfeiture fund a~count. Funds from state and local forfeitures and other sources will not be commingled with the accounting for other federal equitable shadng funds. The parties further agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of the Treasury"s Guide to Equitable Sharing for Foreign Counb'fes and Federal, State, and Local Law Enforcement Agencies ('Treasury Guide), or the Department of Justice's A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide). The accounting for shared funds must be subrr~tted in the format shown on the Annual Ce~fication Report contained in both the Treasury Guide and the Justice Guide. The rdsuse or misapplication of shared resources or the supplantadon of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Treasury or the Ju2tice Guide;, depending on the source of the funds or property. 6. Annual Certification Report. The recipient shall submit an Annual Certification Report to the DepaCaT~nt of the Treasury and the Department of Justice (at the addresses shown in item 1) and provide a copy to the United States Attorney in the distdct in which the recipient agency is located. The Annual Cerdfcation Report must be submitted in accordance w~h the instructions that are app~cable to either Treasury or Justice as outlined in their individual Guides. Receipt of the Annual Certification Report is a prerequisite to'receiving any future equitably shared cash, property, or proceeds. 7. Annual Audit Report. I[ cash, property, and proceeds valued at more than $100,000 are received in a single fiscal year from the Treasury or Justice equitable sharing program, or if a federal forfeiture fund accodnt balance of more than $100,000 is maintained, the law enforcement agency and the governing body agree to conduct an annual audit of any funds or property received or expended to ensure co,-rko~ance with this agreement and all applicable statutes and policies. The audit report must be submitted in accordance with the Compliance Requirements. and Audit Procedures found in both the Treasury and Justice Guides. The recipient agency shall submit a copy of the audit to the Depar~-nent of the Treasury or the Department of Justice and the United States Attorney in the district in which the recipient agency is located. The audit report must be submitted within 180 days following the close of the undersigned law enforcement agency's fiscal year. For the law enforcement agencies that meet the threshold amount, receipt of the audit report is a prerequisite to receiving any future equitabty shared cash, property, or proceeds. Under penalty of perjury, the under~igr',ed o~cials certify that the recipient state or Icc. al law enforcement agency is in compliance with the provisions of the Treasury and Jug~ce Guides and the National Code oi' Professional Conduct for Asset Forfeiture, (Print or Type name) Dat'e (Pdnt or Type name) Date ~A~en cy ' ~ature) Title (Pdnt or Type) Authorized Responsible O~cial of the Governing Body or Designee (Signature) Chairman, Collier County Cor~aissioners 'RUe (Pdnt or Type) Approve& as to fo~rm ~, leg-,-I A~atzta.ut County Attorney FEDEtL&L ANNUAL CERTIFICATION REPORT [This Annual CeoS,Fica,ion RepO~ must be sub~ed In acccrUance w~t~ i~e instructions promulgated by the respe~ve Agency: Address: $301 Tamiami Trail Eas~t Buildinq Jt Naples~ F1 34112 (Street;CitT/S:ate?-ip) Contact Person: ~,,'-r~rn~y D~nn?' .Ch~.rv~r Telephone: 941-7qt-q?q? Fax Number: g41-793-9195 Count'y AhF, r i ff'~ NCIC Code: J2C,D/!CDQQ~ Your Fiscal Year Ends on: _ 9/97 Of f i ce (Mcnt,~r'emr) - Bank Routing Code and Account Number for EFT Pu~oses: Check one F1 Police Dept ~ Sheriff Oe~,t [] Task Force Fl Prosecutor's Office B Other I. Beginning Equitable Sharing Fund Balance (your fiscal year) 2. Federal Sharing Funds Received (during your fiscal year) 3. Interest Income Accrued 4. Total Equitable Shadng Funds (total of items 1 - 3) 5. Federal Shadng Funds Expended (total of items a-i below) 6. Equitable Sharing Fund Balance (subtract item 5 from item 4) Justice Funds Treasu~ Funds S o S o S 67,183 S 0 S ~,550 S O $ 78,733 $ O S ( 7R.733 ) S ( 0 } $ o S o DATA FOR ASSESSING LAW ENFORCEMENT BENEFITS a. Total b. Total c. Total d. Total e. Total f. Total g. Total h. Total i. Total spent on salaries (see Treasury and DOJ Guides) spent on informant payments spent cn travel and training spent on communications and computers spent on firearms, weapons, body armor spent on electronic surveillance equipment spent on building and improvements spent on other law enforcement expenses (attach list) pass through (attach list of recipients) Total annual law enforcement budget for your jurisdiction for current fiscal year k. Total annual budget for non-law enforcement agencies for current fiscal year I. Total annual law enforcement budget for your jurisdiction for prior fiscal year m. Total annual budget for non-law enforcement agencies for prior fiscal year *drug awareness & Ed6cation Program thru Byrne Grant progr&m grants S 0 S 0 S 0 S 0 S ~ S 0 S 0 S 0 S 38,9OO S 0 S O S 0 $ 0 S 0 , S 39,833 * S 0 $ 0 S 0 matched w/forfeiture dollars S 53,629,RO0- for CCSo S N/A S 50,470~9OO- for CCEO S N/A u~ce¢ '~e fete,mi equ~a~e $.~.~rtn; ~,~r'.m,~. ant: th.~l the tet,~,e, rl! s.*a:e or io¢'~1 L~w enforcement a~e~cy ~ ,n COrnmm~:~nce w,etn the ~)r~v~'s,onS Of Ihe Treasury ~/1 ~/c)R )~nrhnr~ B_ BArry; Date (Pnnt or Type name) Cate Authorized Rescx~nslble O~cial cf the Governing Bc~/or Designee AfdENDED ~ FEDERAL A~,x/NU,~L CERTIFICATION REPORT ['This Annual Cer"hficatron Reporl must be suBmlftect ~n accordance wrlh the ,nstruct~ons ptomulgate¢~ by the re:peC,:ve cle~artment:.] ~: Collier County Sheriff's NCIC Code'FL0110000 Your Fiscal Year Ends on: 9/96 Or- t: l ce (Mcnt.~*~earl Address: 3201 Tam,ami (S:re e':C,"7/State,~ip) Contact Person: Attorney Danny Schryver Telephone:941-793-9292 Fa~ Number: 941-793-9195 Bank Routing Code and Account Number fcr EFT Purposes: Check one: E] Police Dept E2 Sheriff Dest 13 Task Force E] Prosecutor's Office n Other I. Beginning Equitable Sharing Fund Balance (your fiscal year) 2. Federal Sharing Funds Received (during your fiscal year) 3. Interest Income Accrued 4. Totat Equitable Sharing Funds (total of items I - 3) 5. Federal Sharing Funds Expended (total of items a-i below) 6. Equitable Shadng Fund Balance (subtract item 5 from item 4) Justice Funds Treasury Funds S o S o S 209,249 S 0 $ 17t644 S 0 $ 226¢893 S 0 s ~_L2.zrz~3 S( o~ $ o S o Total Total Total Total Total Total Total Total Total DATA FOR ASSESSING LAW ENFORCEMENT spent cn salaries (see Treasury and DOJ Guides) spent on informant payments spent on travet and training spent on communications and computers spent on firearms, weapons, body armor spent on electronic surveillance equipment spent on building and improvements spent on olher law enforcement expenses (attach list) pass through (attach list of rec:pients) BENEFITS S 0 S 0 S 0 S C) S 0 S O S 0 $ 0 S 0 $ ~ S ,..~,.ZCz,u~_ S 0 S 0 S 0 S 0 $ 0 . S 0 S 0 j Total annual law enforcement budget · for your jurisdiction for current fiscal year k. Total annual budget for non.law enforcement agencies for current fiscal year 1. Total annual law enforcement budget for your jurisdiction for prior fiscal year m. Total annual budget for non-law enforcement agencies for prior fiscal year S 50¢470r900- for CCSO S N/A S 44,028,700- for CCSO S.N/A Don Hunter 5/18/98 ~ (Pnnt cr Type name) Date Sheriff 'T'~;e (Pnnt or TyDe) (Pnnt or Type name) Au~hoAzed Responsible O~cial of the Governing Body or Designee $~gnature Collier County. Chairman, (F~orida) Co~vnlssioners ~tle (Print or Type) EXECUTIVE SUMM3~RX REQUEST APPROVAL FOR THE PURCHASE OF TELEPHONE SWITCH UPGRADES FOR THE SHERIFF'S OFFICE HAIN FACILITY AT 3301 E. TAMIAMI TRAIL A/~D TWO (2) SUBSTATIONS AI~D PURCHASE OF AlqCILLARY EQUIPMENT FOR SAID TELEPHONE SWITCHES. ~BJECTIV___~E: To upgrade existing telephone switches at the Sheriff's office that are not Year 2000 compliant and to enhance the telephone systems' capabilities. Since this is an upgrade to existing equipment, the Sheriff's office is requesting a sole source procurement from our existing vendor. This vendor was,'the original installer and holds the equipment software license. We are also requesting a waiver of the formal bidding process for this procurement. CONSIDERATIONS: The original telephone switch was purchased in 1984 and has never been upgraded. It needs to be upgraded in order to be Year 2000 compliant and to simultaneously make enhancements that bring it to the current software level of the AT&T telephone equipment. The two substation switches were purchased after 1985, however, only one of them is Year 2000 compliant and the Sheriff's office desires to bring them both to the current software level of the AT&T telephone equipment. FISCAL IMPACT: The cost to implement these upgrades is $181,542. The funds were approved, budgeted and are available in the following fund: Fund: 301 Facilities Mgmt., Countywide CIP Cost Center: 611010 Law Enforcement - Pd. by Sheriff Project: 764990 Other Machinery & Equipment GROWTH IMPACT: There are no recurring costs for subsequent years. RECOMMENDATION: That the Board of County Commissioners authorize the purchase of telephone switch upgrades for the Sheriff's office main facility at 3301 E. Tamiami Trail and two (2) substations and the purchase of ancillary equipment for said telephone switches. REQUESTED BY. William/~./McNulty~ C//munications : ~rys~al Kinzel, ~nance Dri~ector Robert N. Burhans, Undersheriff DATE: wpd5I~extelswi%dv July 16, 1998 Equipment Mgr. EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND ARNOLD PROPERTIES, INC. FOR STORAGE SPACE TO BE UTILIZED BY THE SHERIFF'S OFFICE OJ~eLF..~,_TJX~: Approval of a Lease Agreement between Collier County ("County") and Arnold Properties, Inc. ("Lessor") for storage space to be utilized by the Collier County Sheriffs Office. CONSIDERATION: The Collier County Sheriffs Office is requesting two thousand (2,000) square feet of warehouse space and parking at I100 Commercial .Boulevard, Unit No. 113, Naples, Florida, hereinafter referred to as "Demised Premises." In the past, the Sheriffs Office has utilized a space, without cost to the County, at the Naples Community Hospital for this purpose. However, the space is no longer available for this use. The Lease term shall be for three (3) years with one (I) one (I) year renewal. The Lease xvill commence upon the issuance of a Certificate of Occupancy for the wofl~ to be completed at the Demised Premises. If the Certificate of Occupancy is not issued by September 1, 1998, the Lease Agreement shall become null and void. The Lease provides for the Lessor to make all improvements to the Demised Premises, according to the County's specifications, without any cost to the County. The County shall be responsible for all costs associated with janitorial services and utilities. The Lessor shall maintain the exterior of the property including the roof, parking lot, plumbing, exterior walls, electrical and air conditioning. The monthly rent, which includes Common Area Maintenance charges are as follows: Commencement to December 31, 1998: January I, 1999 through December 31, 1999: January 1,2000 through December 31, 2000: January 1, 2001 through December 31,2001: $1,041.67 $1,125.00 $1,185.00 $1,256.67 One year renexval: S1,338.33 At the end of the calendar year, if the Common Area Maintenance charges collected by the Lessor exceed the actual Common Area Maintenance charges, the Lessor shall credit that amount against the County's next month's rental payment. If the County should terminate this Lease, or at the end of the Lease term there is a credit due, the Lessor shall provide a refund to the County by the date stipulated in the Lease Agreement. The Office of the County Attorney, the Risk Management Department and the Sheriffs Office have reviewed the attached Lease Agreement. - AG£~;DA ITF---~ JUl.' 2.-B ~$CAL IMPACT: If the attached Lease Agreement is approved the annual rent, as specified above, shall be withdrawn from the following account: 001: General Fund 061010: Board of County Commissioners for Sheriff- Law Enforcement 644100: Rents-Building: Cost for FY 98 will be $1,042.~0 Cost for FY 99 will be $13,250.00 Sufficient funds are budgeted. GROWTH MANAGEMENT: NOne. RECOMMENDATION: That the Board of County Commissioners approve a Lease Agreement with Arnold Properties, Inc., authorize its Chairman to execute same and approve any and all Budget Amendments concerning payments. Michael H. Dowling, Real P[o.9._~rty~¢cialist, DATE:?.G/· 9 ?" Real Property Management Dept. REVIE~VED BY: (~ GaSh; REVIEWED B~" D o~n~ Assistant, Sheriffs Office er' County S heri ff DATE: ENDA IT£~ J I L 2 8 i Lease LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 3,o"'",, day of ?-,..,,-,.~_ , 1998, between ARNOLD PROPERTIES. INC. whose mailing address is 1361 Airport Road North. Naples, Florida 34104. hereir'after referred to as 'LESSOR'. and COLLIER COUNTY. a political subdivision of the State of Florida. whose mad~g address is 3301 East Tamiami Trail, Naples, Florida 34112. hereinafter referred as 'LESSEE". WITNESSETH In consideration of the mutual COVenants contained herein, and other valuable cons~¢,erat~on, the agree as follows: ARTICLE 1, Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately t,vo thousand (2,000) square feet of warehouse space, which shall include ample parking at the pro2e~'y, f=cated at 1100 Commercial Boulevard, Unit No. 113, Naples. Florida 34112, hereinafter called the 'Demised for the sole purpose of providing storage space for the Collier County Sheril1~s Office. The Demised shall be improved by LESSOR. at its sole cost and expense, with one (1) bathroom, electrical ot.,'t~ets a,"d two 12) overhead doors which installabon and location shall be approved by LESSEE. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (31 years. 'Initial Term'. commencing upon issuance of a Certir~cate of Occupancy on the Demised Premises but not ll!e' t~an Seplember 1. 1998 and ending three (3) years thereafler. If a Certificate of Occupancy ~s nc*. ,ss,.~ec Dy September 1. 1998, this Lease Agreement shall become null and void and Of no further effect LESSEE ~s granted the option, pfowded ~t is not in default of any of the terms of lh~s Lease. to renew same for ap ad."',t=onaf term of one (1) year. under the terms and conditions as provided herein, by giving written mot,ce ¢~ LESSEE'S ~ntention to do so Io the LESSOR not less than thirty (30) days prior to the expiration Of the ~ease~clc estate hereby created. Said nohce period shall commence upon placement of the written nobce ~n an o~,¢~at ce2os~*.ory o~ the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Initial Term RentaJ LESSEE hereby covenants and agrees lo pay as rent for the Demised Premises the following amounts: Commencement of this Lease Agreement to December 31, 1998: January 1, 1999 though December 31, 1999: January 1, 2000 through December 31. 2000: January 1, 2001 through December 31, 2001 S1,041.67 $1.1'25.00 $1,185,00 $I .256.67 All rental payments shall be dui and payable in advance on the first day of every calendar month dur~ng t"'e term hereof. If the terms of this Lease shall commence on a day other than the first day of the monl?', LESSEE pay rental equal to one thirtieth (1/30th) of the monthly rental mt~ltiplied by the number of rental days c~ SUCh tracl~onal month. LESSOR and LESSEE acknowledge that the above monthly amounts include a pre-pa,d Ccm~on Area Maintenance charge based upon the following square foot rates: Commencement o~ this Lease Agreement to December 31. 1998: Sl.25 January 1, 1999 though December 31, 1999: S1.50 January 1,2000 through December 31, 2000: $1.60 January 1, 2001 through December 31, 2001 $1.75 Common A~ea Maintenance charges shall be an amount equal to LESSEE's rentable sduare fo=*.a~e of the Demised Premises by the Iotal square footage of the gross leaseable area of the warehouse Idea!ed at 1100 Commercial Boulevard, Naples, Florida. Within thirty (30) days follOW'rig each calendar year, LESSOR shall deliver to LESSEE a statement of t,"e actual Common A,'ea Maintenance charges payable by LESSEE for the previous calendar period. If the t2tal amo~*, of estimated payment paid by LESSEE for any calendar period i~::;, ~'h~n the actual Cc, m-c, Maintenance charges ind,catr, d above, LESSEE shall receive a cre{it againC,~'lr'~:~'~.~ a~of'cC~eyr,ne~; [-, Should a credit be due LESSEE at the termination of this Lease. jLESSO~,,~'a'l~'~u'bmitYa~.~t~"'*"~ ~ c:-,¢~ to L~SSEE within thirty (30) days of notification that said is refund due LESSEF~ ':"J' ' ~ .IcL,J.. 3;'.'~ j , , , ,[ -- [ [ [1[ [11 Il Il Ill Ill I [ 1[ III[III[[HI[ [I Illllllllll Illl Illll ................... ] ARTICLE 4. Renewal Term Rental In lhe even~ LESSEE elecls Io renew thts Lease as prowded for m ARTICLE 2. ',ne rect sc" ARTICLE 3 shall be ~ncreased to One Thousand Three Hundred Thirty E,gh~ and 33/100 Dollars {'~',.3~ 33) Der month. Common A,'ea Maintenance charges are estimated not Io exceed $1.9,5. LESSOR agrees t~at Common Area Maintenance Charges are less that the above estimated not to exceed amour'ts ::, .e°unC LESSEE ~n accordance with Arl~cle 3 above. ARTICLE 5. Other Ex~enses and Charges LESSEE shall pay janitorial services, lelephone charges and electricity charges pertam,"; ;o the .~emrsed Premises. LESSOR shall pay any and ali other costs associated with the Demised Premises ARTICLE 6. Modifications to Demised Premises Prior lo making any changes, alterations, additions or improvements to the Den,sad Premises. LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes o' acc:'.c-~. ',: :~e Demised Premises for LESSOR'S writlen approval, specil'ying in writing the nature and extel: c' -.'e cas'ed alteratron, improvement, chan,']e, or acld~bon, along with the contemplated starling and cc,'-:~'e;,.c~ t:,'"e rd' s.;"n project LESSOR or its designee wdl l~en have s~xty (60) days within which to ao~rove cr ce'~y - w-;-.; sa,: request for changes. ~m;3r(~vements. alterations or addibons. LESSOR shall not unreasonably wt'-c,.~ *',s Consent to require: Or appropriate alterations, ~mprovements, changes or addihons pro;~osed ~y LESSEE [' a~er s~xty (60) days there has been no response from LESSOR or its designee to said proposals Or p~ans. -.'e' s.ch sdence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection. ~mprovement. addthon or alteration of any authorized modifications, additions or improvements Premises. to observe and comply w~th all then and future applicable laws. ordnances, rules. rec~u~rements of the Unfed States of America, State of Florida, County of Colher. and a'~y a"c agencies. All alterations, improvements, and additions to said Demised Premises shaft at once, v.'he~ -3"e or mstalled, be deemed as attached to the freehold and to have become I:)roperty of LESSOR ~r:o' termination of this Lease or any renewal term thereof, or within thirty (30) days thereahero if LESSOR sc c °acts, LESSEE shall promptly remove the addihons, improvements, alte~abons, fixtures and ~nstal~at~c~s ,,,,- :-. we'e placed ~n, on or upon the Demised Premises by LESSEE and which are designated ~n sa~: -od,ce a'~c -e.'a ° a~'.,' damage occasioned lo the Demised Premises by such removal and m default thereof. LESS$~ -'ay sa~d removals and repairs at LESSEE'S expense. LESSEE covenants and agrees hal Io use. occupy, suffer or permit said Demised Premises o' a-f Dart thereof to be used or occupied for any purpose contrary to law ~ the ri. ties or regulations cf any pu",hc ARTICLE 7, ~;:cess to Den!sad Premises LESSOR, :',s duly authorized agenls, representalrves and employees, shall have the right a~er reascna~le not~ce to LESSEE. to enter into and upon the Demised Premises or any part thereof at all reaso~a":e hJu's for the purpose of examming same and maklng repairs or )amtor,a! serv,ce therein, end for t,',e pu'~cses of inspection for comphance with the provisions of this Lease Agreement ARTICLE 8. Ass[anment and Subletting LESSEE covenants a~d agrees not to assign this Lease or to sublet th(, whole or any pa,"1 o~ t~e 3em sad Premises, or to permit any other persons to OCCupy same without the w~'itlen consent of LESS,.~,R A~y s;Jcn ass,gnment or subtetbng, even w~th the Consent of LESSOR. shall not relieve LESSEE from ha~,h-.y 'o' of rent or Olher sums harem prowCed or from the obhgabon to keel3 a,ad be bound by the la,ms, cc'~~., :~S an: covenants of th~s Lease. The acceptance of rent from any other person shaft not be Ceeme~. any of the provls~ons of this Lea.,,e or to be a consent to lhe assignment of tn,s Lease c' Demised Premises, ARTICLE 9. Insurance The LESSEE w~fl at all limes carry comprehens~'e general habihty insurance in an amount nO: 'ess the sum of One Hundred Thousand Dollars and 00/I00 Cents ($100,000.00) s~ngle occurrence. Two -.-:re: T~ousanO Dollars and 00/100 Cents ($200.000) aggregate. The cost of all such pram*urns on a~' s',.c- c0 'c,es shall De pa,d and borne by the LESSEE. ARTICLE 10 ~ If the Demised Premises is damaged by fire or other casualty lc the extent of fifty Dercen', (50%) O' more, the LESSOR shall have the option lo rebuild and repair the Demised Premises or to terminate tbs ~ease I~ damaged to a lesser extent, the LESSOR shall rebudd and repair. In the event of damage by ftre o' othe,' casualty, t~e rent payable under th~s Lease shall abate, in proporpOn to the wnpa~rment of the use t'a'. can reasonably be made of the Den,seal Premises, unbl the Demised Premises is rebudt (or unt,I :Pa Lease ~s Ierminated ~n accordance w~th this paragraph). Provided, however, that ~f the damage is :ua to t~e LESSEE'S wdlful ecl or neghgence, the renlal sums shall hal be abated. ARTICLE 11. [,~Imntenance LESSEE shall, at its,sole cost and expense, keep the Demised Premises clea~ at alt t,mes If Demised Premises are not kept clean in the opinion of LESSOR. LESSEE'S manager w,I; :e so a:',,$e: wr~hng. If correcbve acbon ~s not taken w~th~n twenty (20) days o! the receipt of such ,or*ce. L=SS-~. w ca.Jse the same to be cleaned and corrected and LESSEE shall assume and pay a:l neces';a~y clean~'.g c.~s'.s a"'c costs shall constitute adcht,onal rent which shall be paid by LESSEE within ten (10) days cf race:=; c' ~.° :ten not,ce of costs incurred by LESSOR. The LESSOR shall maintain the exterior of the Oemised Premises. in~.'lud~ng the roof. Dar~'~g tot exterior walls ~n good and substant,al repair. The LESSOR shall also maintain the plum~in§, e ectr~ca a-3 a/ cond~tiomng m the Demised Premises during the term of this Lease. However. any repairs recu~reC b)* ,...~;e of the misuse or neghgence of the LESSEE shall be paid by the I. ESSEE. The agree~'r..,ct to ~eca.~' paragraph does not apply to any damages caused by fire or other casualty whic'~ are due to '.he ,~egt:c. enc~ or willful act of the LESSEE. ARTICLE 12. Failure of LESSEE to pay sa~d rem or comply w~th any prOws~on or covenant of th~s Lease s-a; co-'st:lute a eefault, and except as provtde¢ for ~n ARTICLE 2. LESSOR may, at ,ts option, terminate '.h~$ Lease a':e° (30) days written nohce to LESSEE, unless the Cefault be cured within the nobce period {Or Su¢.~ aC,~r,,c~a~ t~me as ~s reasonably required to correct suCh default). ARTICLE 13. ~efault by LESSOJ~ LESSOR shall in no event be charged with default in the performance of any of its ¢~liga~o".s unless and unbl LESSOR shall have faded to perfon"n Such obhgabons w~th~n thirty (30) eays (0,: ~c~ t~me as ~s reasonably reqwred to correct such default) after not,ce to LESSOR by LESSE-- Dfc=er!;.. s:e'. wherein LESSOR has failed to perform any such obhgations. ARTICLE 14. bk~bces Any nohce which LESSOR or LESSEE may be required to 3~ve to the other party shall be ,~. wr~t:~g '.o ',~e other party at the ~ollow~ng ~ddresses: LESSEE: Board of County Commissioners c,'o Real Property Management Dept. 3301 Tam~am~ Trad East Administration Butldtng Naples. Florida 33962 LESSOR: Arnold Properlies. Inc. 1361 Airporl Road No,"th Naples, F~orlda 34104 cc: Office of the County Atlomey Sherffrs Off)ce ARTICLE 15. ~_urrender of Premises LESSEE covenants and agrees to dehver up and surrender lo LESSOR possession cf and any ~mprovements to the Demised Premises upon expiration of this Lease. or ~ts earl,er te'"'.?a~,o~ as here*n prowded, broom cJean and ~n as good condition and repair as the same shall be at the co~""e"ce"-6."t of the term of th~s Lease or may have been put by LESSOR or LESSEE dunng the continuance t~erecf. wear and tear and damage by .*',re or the elements beyond LESSEE'S control excepted ARTICLE 16. LESSEE tully unc!erstands that tt~e pohce and taw enforcement security ~ro~.eC;'o? ~°~' ;~Ce" ~¥ law enforcement a~enc~es !o the Dam,see Premises is Nm~ted Io that prov,ded to a~y cl~,e' ~us'° ass c' s~tuate~ ,n Coiher Count. and LESSOR acknowledges that any spec,al securer'! measu"es ce, -e~ -e'-essa°y for a(~(~t~onal ~rotect~on of the De~n~sed Premises shall be the sole respons~bthty and cost cf L~r;SSE~ a."" s~alt ~nvotve no cost or expense to LESSOR. LESSEE expressly agrees for ~tself. its successor and assigns, to refra+n from a:~y use =~ '.'e ~e"~.~se~ Premises which would ~ntedere w~th or adversely affect the operation or ma,nter~ance Pf LESSCR'S operahons where other op~rabons share common facihttes. ARTICLE 17. ~adon Gas In comphance w~th Section 404.056. Florida Statutes, all par~ies are hereby made aware of t~e following Radon is a naturally occumng rad~oactrVe gas that. when it has accumulated in a building ~r, suff:¢~ent quantities, may present health r~sks to persons who are exposed to it over time. Levels of ra3on ~at federal and stale gu,dehnes ha'..e been found in buildings ~n FIo~__al.inf~o_m'~._a.~,on rega.':"~ ,g ,aC3' and radon testing may be obtained frOm your county pubhC health un~t,. ARTICLE 18. Effective Date Th~s Lease Agreement shall become effective upon the execution by both LESSOR and LESSEE. ARTICLE 19. Govemino Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of IN WITNESS WHEREOF. the par~ies hereto have hereunder set forth ~heir hands and sea~s AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: 0 Depul7 Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman AS TO THE LESSOR: WITNESS (signature) ~'~ (Print Name) .,~.N E SS (s"gnature) . (Prinl Name) ARNOLD PROPERTIES, INC. Approved as to fprn'] and Heidi F. Ashton Assistant County Attorney EXECUTIVE SUMMARY RECOM~fEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATINGUNIT OF GOVE~A/qDEXECUTET~IEAPPLICATION DO~S FOR THE U.S. DEPARTM~9~f OF JUSTICE 1998 LOCAL LAW ENFORCEM~IqT BLOCK GRA/~TS PROGRAM. OBJECTIVE: TO seek approval from the Collier County Commission to act as the local coordinating unit of government for the Sheriff's Office participation in the United States Department of Justice 1998 Local Law Enforcement Block Grant Program and to execute the application documents. CONSIDERATION: 5 o 6 o The Collier County Commission has participated in and served as the local coordinating unit of government in anti-crime grant programs with the Sheriff's Office for ten years. This third year program provided by the Omnibus Fiscal Year 1998 Appropriations Act, Public Law 105-119 is for the implementation of the 1998 Local Law Enforcement Block Grants Program, to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the Local'Law Enforcement Block Grants Program is to provide units 6f local government with funds to underwrite projects to reduce crime and improve public safety. The U.S. Department of Justice has appropriated $366,900 to Collier County to be used for purposes of the Local Law Enforcement Block Grants Program. The Sheriff's Office application requests $366,900 to procure currently unfunded technical equipment. Law enforcement equipment directly related to basic law enforcement functions is an authorized program purpose. The application documents need to be executed in order to realize funding appropriated to Collier County by the United States Bureau of Justice Assistance for the ].998 Local Law Enforcement Block Grants Program. FISCAL IMI~ACT: Ten (10%) percent ($40,767) local matching funds from Fund 602 (1998/99 Confiscated Trust Fund reserves 602-919010-991000). GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMIZAqq/)ATION: That the Collier County Commission agree to be the local coordinating unit of government and execute documents necessary for the submission of the Collier County Sheriff's Office 1998 Local Law Enforcement Block Grants Program application documents. PREPARED BY: APPROVED BY: DATE: EXECUTIVE SUMMARY. REQUEST TO TRANSFER FUNDS FROM CIRCUIT COURT COSTS TO THE PUBLIC GUARDIANSilIP FUND. ~)BJECTIVE: Recommend that the Board of CounW Commissioners approve the transfer of S 9,000.00 from Circuit Court Costs to the Public Guardianship Program. In addition, that the Board of County Commissioners allow for 'the spending of all monies generated by both Board contributions and matching Civil filing funds. _CONSIDERATIQi'!S: In April of 1998, the Board of Count>' Commissioners approved the transfer of monies to the Public Guardianship Program from the Court Administration, Circuit Court Costs budget in order to adequately fund the program based on spending projections calculated by Court Administration. We have now revised our spending projections and have identified a shortfall for the remainder of this budget year. This shortfall was caused by former Assistant Public Guardians billing the County. at an amount significantly higher than was projected. We are currently challenging, in Court, approximately twenty bills submitted by former Assistant Public Guardians for services rendered after being discharged from these cases. Once again, this will not occur in the future due to the signing of a Public Guardian contract which contains a monthly cap. We are requesting authorization to transfer $ 9,000 from Court Administration, Circuit Court Costs to the Public Guardianship Fund. We are confident that this amount will be sufficient to fulfill our obligations for guardianship services for the remainder of this fiscal year. FISCAL IMPACT: A $ 9,000. Transfer from the Court Administration Fund, Circuit Court Costs (681 - 421190), to the Public Guardianship Trust Fund (192 - 432515). RECOMMENDATION-: That the Board of Count>' Commissioners approve the budget amendment and immediate transfer of S 9,000. into the Public Guardianship Program Trust Fund and allow for the spending of all transferred monies as well as the matching civil filing fees. ~ pREPARED BY: ' DATE: ~:~ ::~d&/9~b'~ ~IARK MIDDLEBROOK APPROVED BY: DATE: ' AGeNDa, ITeM Pg.~._[. EXECUTIVE SUMMARY REQUEST FOR BOARD TO ADOPT THE ACCOMPANYING RESOLUTION REDUCING THE REGULATORY ASSESSMENT FEE FROM TItREE PERCENT TO ONE AND ONE-HALF PERCENT OF GROSS REVENUES FOR NONEXEMPT PRIVATELY OWNED WATER AND WASTEWATER SYSTEMS. OBJECTIVE: To reduce the existing regulatory assessment fee of private water and wastewater utilities under local regulation from 3 % to I ½ %, effective October 1, 1998. CONSIDERATIONS: Collier County resumed regulatory jurisdiction of investor- owned water and wastewater systems on February 27, 1996. The utilities include Eagle Creek Utility II, Inc., Florida Cities Water Company - Golden Gate, Florida Water Services Corporation - Marco Island and Marco Shores, Goodland Isles, Inc., North Marco Utility Company, Orange Tree Utility Company, and Rookery Bay Services, Inc. With the resumption of regulatory jurisdiction, the County collected regulatory assessment fees from the seven (7) utilities under local jurisdiction at the rate of 4 ~ % of each utility's gross revenues, the same rate charged by the Florida Public Service Commission for the past decade. On June 24, 1997, the Board of Commissioners, during a duly advertised public hearing, approved staff's recommendation to decrease the regulatory assessment fee from 4 ¼ % to 3%, effective October 1, 1997. This action resulted in reduced water and wastewater rates for some 17,000 customers of private utilities operating in Collier County. Annual savings to the customers from October 1, 1997 to September 30, 1998 totals some $220,000 for the year. For FY 98/99, staff recommends a further reduction in the regulatory assessment fee from 3% to 1 V2 %, effective October 1, 1998. The I V2 % regulatory assessment fee will generate revenues that closely parallel expenditures for the Office o fUtility Regulation for FY 98/99, while maintaining a static reserve of approximately $1.1 Million. The fee reduction to 1 ½ % will result in additional savings to customers from October 1, 1998 to September 30, 1999 of approximately $266,000 for the year. The two-year combined customer savings in reducing the fee from 4 V~ % in FY97, to 3 % ~5-, 7Y98, *_-' 1 ½ % in FY99, is estimated at some $486,000 annually, through reduced rai AG~;DA ITEM'~ JUL 2 g Reduction of the fcc to 1 72 % will significantly slow the accumulation ofthe reserve required to fund unanticipated regulatory, costs. Typical unanticipated, non-recurring expenses may include protracted litigation, lobbying efforts to protect utility customer interests, controversial territorial expansion requests, rate case appeals, expert witness fees required in the rate review process, and health, safety, and welfare issues. The health, safety, and welfare issues may include the operation of privately owned utilities and their repair should the Authority or the Board be appointed by the Circuit Court as receiver of utilities abandoned or in financial distress. Upon Board approval of the regulatory fee reduction, staff will take those actions required for thc Collier County Water and Wastewater Authority to effect a pass-through reduction of water and'or wastewater rates for all regulated utilities, effective October 1, 1998. FISCAL IMPACT: Reduction of the regulatory assessment fee from 3% to 1 V, % will decrease annual revenues to the Utility Fee Trust Fund by approximately $266,000. GROWTII MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopt the accompanying resolution to reduce the regulatory assessment fee from 3% to 1 ½ %, effective October 1, 1998, thereby authorizing the Collier County Water and Wastewater Authority to adjust water and/or wastewater rates of regul)3Icc~ utilit?s, as appropriate. PREPARED BY:~ DATE: D. E. "Bleu" Wallace, Manager, Office of Utility Regulation REVIEWED BY: ~ /)~r~ ~z/~-------, DATE: ~ Tho/r~as C./al~er, Assistant County Attorney . Michael A. McNees, Assistant County Administrator AGE~ ;DA iTji~t'X JUL 2 1535 I 4 5 6 7 8 9 11 12 13 15 ~6 17 lg l0 21 "3 27 29 30 31 32 33 35 37 39 .Il -~3 44 -15 -16 -17 5O 51 52 53 54 55 RESOI.UTION NO. 98-~ A RES()I.UTION OF COI.I.IER COUNTY, FI.ORIDA PURSUANT TO SECTION 1-12 {E}, COI.IAER COUNTY ORDINANCE NO. 96,-6, AS AMENDED, ESTABLISIIING TIlE REGUI.ATORY ASSESSMENT FEE OF ONE AND ONE- IIAI.F PERCENT OF GROSS REX'ENUES FOR NONEXEMPT PRIX'ATE WATER AND WASTEWATER UTILITIES UNDER I.OCAL JURISDICTION, DIRECTING TIlE COIAAER COUNTY WATER AND WASTEWATER AUTIIORITY TO ADJUST WATER AND/OR WASTEWATER P~\TES OF SAID I;TII.ITIES. AS APPROPRIATE, PRO'VIDING AN EFFECTIVE DATE. ~,VllEREAS. Resolution No. 96-104 excluded Collier County from the provisions of Chapter 367, Florida Slatt, tcs. thereby assuming certain subject matter jurisdiction over nonexempt water anti wastewater utilities operating in unincorporated areas of Collier County; and XVIIEREAS, Ordinance No. 56-6 established lhe Collier County Water and Wastev,'ater Authority {AUTt{ORITY} and specific powers and duties; and XVIIEREAS, Section I -I 2 (El, Ordinance No. 96-6. as amended, provides for the Board of County Commissioners (BOARD'~ to determine the amount of thc regulatory assessment (ce from time to time after public hearing thereon, but not to become effective earlier than sixty {60l days after adoption of each such implementing Resolution; and WtiEREAS. on July 25. 1995. the BOARD held a duly advertised public hearing to consider Ibc record anti testimony regarding the adjustment of the regulatory assessment £cc; and WIIEREAS, staffhas recommended a reduction of the regulatory assessment fee from three {3} percent IO one and one-half{l ~.'z} percent, effeclive October I. 1998; and WilEREAS. thc AUTItOR1TY is authorized to adjust v.'atcr and wastewater rate tariffs of nonexempt private water and wastewater utilities under its jurisdiction to reflect each change in regulatory assessment fees. NOW, TIIEREFOI~,I-:, lie IT I,~.ESOI.VED by thc Board of County Commissioners of Collier Counly. Florida that: Thc rcgulatoD' assessment fee is hereby cslablished at one and one-half (1%) percent of gross revenues for nonexempt private water and wastewater utilities under the County's jurisdiction. 2. Thc one and one-half (I V:) p&rccnt regulatory assessment fee shall become effective on October I, 1998. The Collier County Water and Wastewater Authority shall adjust the water and wastewater tariffs of all utilities under its jurisdiction to reflect this reduction in the regulatory assessmenl fee. The rate adj,stments reflecting the pro-rata reduction in the respective utility's regulatory assessment fee shall be effective October 1, 1998. 1 2 3 5 6 7 9 I0 11 12 13 14 15 16 17 Ig 19 20 21 22 23 This Resolution adopted this~ second, and majorry vote favoring samc. day of ,1998 after motion, ATTEST: DWIGIIT E. BROCK, Clerk by: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barbara B. Ber~', Chairman J 13 L 2 % __